UTIAC An appellant who succeeds in an appeal against the refusal of entry clearance is not entitled automatically to entry clearance.
An entry clearance officer considering whether to grant entry clearance following a successful appeal must decide ‘in the light of the circumstances existing at the time of the decision’ if the appellant satisfies the requirements of the rules (paragraph 27 of HC 395). The entry clearance officer must make a decision on all the relevant evidence including evidence that could have been but was not put before the Tribunal at the appeal. An Immigration Judge does not err by considering such evidence and dismissing the appeal.
Judges:
Perkins, Coker UTJJ
Citations:
[2011] UKUT 376 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 20 September 2022; Ref: scu.445175