Rule intended to end needless appeals
20th May, 2011: Come Monday, May 23, tribunals will not dwell on proof submitted after an application has been put forth, in appeals involving applications made in the UK, under the points-based system.
Immigration Minister Damian Green has asserted an end to late confirmation in points-based system appeals will help stop exploitation of the system. The Minister declared the beginning of the rules change in a written ministerial statement.
UK Border Agency statistics depict that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted.
The rules change is intended to end needless appeals and help make sure that applications are right first time. It will apply to all applications made within the UK through the points-based system.
From Monday, Section 19 of the UK Borders Act 2007 will restrict the evidence that an applicant can rely on at an appeal hearing. Any evidence submitted must have been produced at the time when the application was made.
Section 19 will apply to all appeals heard for the first time on or after 23 May against rejection of applications to remain in the UK under a points-based system group.
Appeals that have been part-heard or fully heard by the First-tier Tribunal (Immigration and Asylum Chamber) by this date will not be affected.
Damian Green said that for too long, the taxpayers had to bear the weight of a system which allowed individuals to drag out their appeal, by submitting new evidence at the last minute.
He asserted the changes being made today will put an end to this exercise for good. The minister added that this was one of a raft of improvements that would make the system more healthy, competent and cost effective.
The government has already brought in an annual limit on economic migrants from outside the EU. Major reforms to the student visa system are also underway.
These events are aimed at drawing the brightest and the best, while reducing net immigration and managing abuse of the system.
UKBA also has plans to terminate the right of appeal for family visit visas. Once the proposal is implemented it would put a stop to more than 80,000 people visiting British relatives.
A bid for secondary legislation in the new parliamentary session, starting this autumn is underway, to put an end to appeal rights for family visitors. The ministers also want to scrap the right of appeal for thousands of skilled migrant workers in Britain who want to extend or renew their visas under the points-based system.