Need clarification on APL7.5 Post decision evidence

[rej123]

Dear Forum Members,

I am very confused after reading this. As per APL7.5 Post decision evidence

http://www.ukba.homeoffice.gov.uk/polic ... es/part12/


APL7.5 Post decision evidence
The relevant date in entry clearance cases is the date of refusal. This is established from case law and s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review the ECM should only look at circumstances leading up to and including the date of refusal. An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence:

New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

Examples of new evidence

These are common examples and are not an exhaustive list.

Unexpected increase in funds postdating the decision.
Sponsor obtains new employment that was not engaged in / expected at the date of decision.
An offer of accommodation which was not available at date of decision.
A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.

A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
Evidence of employment at the date of decision which was omitted from the original application.
A birth certificate evidencing the relationship of parties which was not produced at the time of decision.


My Tier2 Gen Dependant visa got rejected from India with the following reason - ""You have provided a notarised affidavit which is signed by you and your sponsor stating that you were married "under Hindu marriage" on 23/02/2008.However you have not provided an original marriage certificate attested by a proper govt authorities which would show that your marriage is legally registered."Given this,I am not satisfied that you are related as claimed and therefore I am not satisfied that you are the spouse of a person who has valid leave to remain in the UK as a PBS Tier2 Migrant.I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all the requirements of the relevant paragraph of UK immigration rules"


If I obtain a new registered marriage certificate and send it as a supporting document with my appeal form,will that be considered as a new evidence or as an additional evidence.I may opt for a fresh application if this is going to be considered as a new evidence and wont go through an appeal route.What are my options??
Please suggest. Thanks.

Thanks.

[Lucapooka]

http://www.immigrationboards.com/viewto ... ht=#668598

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