Mitchell (Basnet Revisited): UTIAC 8 Oct 2015

UTIAC 1. The decision of the Tribunal in Basnet v SSHD [2012] UKUT 113 (IAC) does not put the burden of proof on the Secretary of State where the application was, on its face, insufficiently completed.
2. The evidence shows that the payment pages are retained for 18 months. Thus, within that period, any question of the reason for failure to obtain payment can be investigated, although the reasons for declining a payment are available only to the bank account holder, not the Secretary of State. In the light of this, a more nuanced approach to the burden of proof may be needed.

[2015] UKUT 562 (IAC)
Bailii
England and Wales

Immigration

Updated: 17 January 2022; Ref: scu.565364