UTIAC (1) In an appeal arising from the refusal of an application under paragraph 320(7A) of the Immigration Rules, the burden of proof is upon the respondent to establish on a balance of probabilities that the requirements of that paragraph are made out. Consequently, where the refusal concerns the alleged service of Forms IS151A, IS151A Part 2 or IS151B upon an appellant, the respondent must prove service of the particular form(s). That evidence may comprise copies of the forms served, records of service made by immigration officers or a statement by the person who served the form(s). A bare assertion by an Entry Clearance Officer is unlikely to be sufficient.
(2) Form IS151A does not require the recipient ‘to leave the United Kingdom.’ Such a requirement is made, for example, by Form IS151B. Where a subsequent refusal of an application alleges that the applicant has made a false statement as to whether he or she has been required to leave the United Kingdom in the past, it is, therefore, very important for the Tribunal to know exactly which forms have been served.
Judges:
Lane UTJ
Citations:
[2012] UKUT 162 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 October 2022; Ref: scu.459657
