AIT 1. It is now established that save in exceptional circumstances the grant of an order for reconsideration means that a funding order will be made if applicable: see RS (Funding-meaning of ‘significant prospect’) Iran [2005] UKAIT 00138 and reg 6(3) of the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005.
2. Deciding whether there was a significant prospect that the appeal would be allowed upon reconsideration means considering what the position was ‘at the time when the appellant made the section 103A application’; it is not an exercise in hindsight based on how things appear later to an immigration judge in the light of further evidence and/or submissions.
Citations:
[2008] UKAIT 00068
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 12 December 2022; Ref: scu.277826