UTIAC The transitional provision in article 3 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011, concerning the commencement of s. 85A of the Nationality, Immigration and Asylum Act 2002 (Matters to be considered: new evidence: exceptions), adopts an unusual approach, in making the applicability of that section turn on whether there has been a hearing before the commencement date (23 May 2011). Whatever the problems such an approach may cause, it is plain that, for the purposes of article 3, an oral hearing at which an application for an adjournment was considered by a judge (and granted) was a hearing for the purposes of article 3, with the result that section 85A did not apply, so as to restrict the evidence that the judge could consider at the substantive hearing.
Judges:
Blake J, Macleman UTJ
Citations:
[2011] UKUT 472 (IAC)
Links:
Statutes:
UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011 3
Jurisdiction:
England and Wales
Immigration
Updated: 29 September 2022; Ref: scu.449425
