UTIAC (1) Neither section 85A of the Nationality, Immigration and Asylum Act 2002 nor the guidance in DR (Morocco)* [2005] UKAIT 38 regarding a previous version of section 85(5) of that Act has any bearing on an appeal under the Immigration (European Economic Area) Regulations 2006. In such an appeal, a tribunal has power to consider any evidence which it thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.
(2) Accordingly, evidence of comprehensive sickness cover, which began after the date of the decision appealed, fell to be considered by the First-tier Tribunal judge, as it was plainly relevant to the substance of the decision, albeit that it arose after the date of that decision.
(3) It is particularly important that the Home Office should engage properly with observations of the Upper Tribunal made on or following the grant of permission to appeal.
Blake J
[2013] UKUT 346 (IAC)
Bailii
Nationality, Immigration and Asylum Act 2002 85A
England and Wales
Immigration
Updated: 17 November 2021; Ref: scu.513577
