Rodriguez (Flexibility Policy): UTIAC 31 Jan 2013

UTIAC Since August 2009 UKBA has operated a policy relating to the processing and determination of applications under the Points Based System (‘PBS’). This was revised with effect from May 2011. In its policy letter of 19th May 2011, UKBA states that during an unspecified trial stage applicants will be contacted where mandatory evidence is missing from their applications and given the opportunity to provide this. UKBA is under a public law duty to give effect to this policy in all cases to which it applies.
As regards all other applications, to which the policy letter does not apply, UKBA case workers and decision makers must be aware of and give full effect to its ‘Evidential Flexibility’ policy document. This requires due appreciation of the discretionary powers enshrined therein to request further information from applicants in any case and the exercise thereof in accordance with established legal principles viz the duties to appreciate the existence of and correctly understand and give effect to the policy; to act fairly and rationally; to take into account all material considerations; to disregard immaterial considerations; to observe the requirements of a procedurally fair decision making process; and to act compatibly with such ECHR rights as may be engaged in a particular case, in accordance with section 6 of the Human Rights Act 1998.


McCloskey J, Spencer UTJ


[2013] UKUT 42 (IAC), [2013] INLR 467




England and Wales

Cited by:

Appeal fromSecretary of State for The Home Department v Rodriguez CA 20-Jan-2014
The applicants each sought entry under the points based system tostudy. They failed to accompany the applications with the necessary evidence of financial means, though that could have been supplied. The applications were rejected, and the . .
At UTAAMandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Lists of cited by and citing cases may be incomplete.


Updated: 14 November 2022; Ref: scu.470861