IAT Each application on behalf of the respondent for the section 108, Nationality, Immigration and Asylum Act, 2002 procedure to be invoked must be decided on its own merits.
Immigration Judges should first consider whether it is being alleged that the document concerned is a forgery, or whether it is simply asserted that it is a document which cannot be relied upon (Tanveer Ahmed [2002] UKIAT 00439*).
Applications must be heard in camera, in the absence of the appellant and the appellant’s representatives.
The Home Office Presenting Officer should be ready to identify precisely what documents the respondent contends are forged and the evidence which it is claimed relates to the detection of the forgery and which is to be the subject of the section 108 application. Explaining why disclosure of this evidence would be contrary to the public interest.
A careful note should be taken by the judge. The respondent may, if he wishes to, withdraw the allegation and in doing so withdraw the evidence relied upon.
Clear evidence will be necessary; if RP (Proof of Forgery) Nigeria [2006] UKAIT 00086 is not satisfied, then the application will fail.
If the judge grants the application, he should say so in public and clearly identify which document or documents or other evidence is the subject of the section 108 application.
[2007] UKIAT 00096
Bailii
Nationality, Immigration and Asylum Act 2002 108
Immigration
Updated: 11 November 2021; Ref: scu.262321