Evidence not submitted prior to Appeal Hearing

paulo · Post by **paulo** » Sat Feb 04, 2006 8:24 pm

At a recent entry clearance appeal the entry clearance officer failed to submit some of the evidence for the hearing five days prior (as required).
Not only did the judge allow it (although it related to a previous application that should in fairness have no bearing on the appeal under consideration) but waited while it was photocopied for him! After receiving he said that he would he read it and make a decision..... allowing no defence from the Appellants (us!).

Have we any grounds to have the judgement overturned?

Paulo

Post by **John** » Sat Feb 04, 2006 10:51 pm

Have we any grounds to have the judgement overturned?

Do you know what the judgement is?

paulo · Post by **paulo** » Sun Feb 05, 2006 1:42 pm

I am sure the appeal will be denied on the basis of the application made in 2000......evidence of which I believe should not have been admitted as it was not presented prior to the hearing AND should not be relevant to subsequent applications.

If the action of the entry clearance officers at the hearing broke their own rules should the result not then be overturned?

paulo

Kayalami · Post by **Kayalami** » Mon Feb 06, 2006 9:47 pm

I haven't got the case law to hand but recently (IIRC some time in mid 2005) a court ruling allowed post decision evidence for an EC application at a post in Africa (it was initially refused) to be considered at appeal. It had something to do with funds and the judge directed the applicant met the rules on the appeal date so the visa was issued.

Such rulings work both ways in that the ECO can now present additional evidence to support refusals at an appeal hearing. I believe the ruling was restricted to EC issuances but I'm reviewing an asylum case (always in country) where post decision evidence has again been considered at appeal indicating this issue has now crossed into both pre-entry and after entry regimes.

If the person in question now meets the rules it is best to re-apply rather than waste time and other resources on an appeal that may lead to nothing.

Good luck.

paulo · Post by **paulo** » Tue Feb 07, 2006 9:14 am

Thanks for your advice.

The last minute evidence was to submitted damage our appeal as we did not have a chance to answer point raised at an application made years previously.

If we reapply say on a different basis (visitor)....will the entry clearance always just resort back to previous applications and say that the application is another means to an end?

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Evidence not submitted prior to Appeal Hearing

Evidence not submitted prior to Appeal Hearing