Changes to Points Based System Appeals

The UK Border Agency announced that from 23 May 2011 tribunals will not be allowed to consider evidence submitted after they have made a decision to refuse a Points Based System application.

The UKBA say that it will 'stop misuse of the system' and stop 'individuals to drag out their appeal by submitting new evidence at the last minute'. However, what was slightly glossed over (or actually ignored) was their poor decision making, and their failure, up to now, to avoid the appeals (and the costs of those appeals) by simply contacting the applications for the right evidence before making a decision. The UKBA now say they will do this from 23 May 2011.

The Commencement Order is expected to apply to all appeals heard for the first time against refusals under the PBS regardless of the date that the appeal was lodged.

This seems to be an abuse of the legal certainty principle, where grounds of appeal are changed without warning or notice. Particularly, as those who received negative decisions before 23 May 2011 would not have had UKBA caseowners contact them for further information / documents before making that decision. To then deny that information during their appeal is irrational. Also...


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