SF (Afghanistan) and Anor v Entry Clearance Officer

SF (Afghanistan) and Anor v Entry Clearance Officer

The Immigration Judge materially erred in law by relying on a job offer that did not exist at the time of the entry clearance refusal, contrary to section 85(5) of the 2002 Act, and the error was material because the finding on maintenance was not independently supported by evidence appertaining at the time of decision.

Parties
Appellants: SF (Afghanistan) and Anr; Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Appeal / Judgment on Appeal From Asylum and Immigration Tribunal
Outcome
Appeal allowed
Legal Topics
Entry Clearance, Maintenance Requirements, Article 8 ECHR, Evidentiary Rules, Material Error of Law
Immigration Law Human Rights Law Entry Clearance Maintenance Requirements Article 8 ECHR Evidentiary Rules Material Error of Law

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Parties

SF (Afghanistan) and Anr

Appellants

Entry Clearance Officer

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Asylum and Immigration Tribunal

Legal Issues

  1. 1 Whether Immigration Judge Seifert erred in law by considering post-decision evidence of a job offer in assessing maintenance requirements under the Immigration Rules
  2. 2 Whether the error was material to the outcome of the appeal
  3. 3 Whether the matter should be remitted for rehearing

Ratio Decidendi

The Immigration Judge materially erred in law by relying on a job offer that did not exist at the time of the entry clearance refusal, contrary to section 85(5) of the 2002 Act, and the error was material because the finding on maintenance was not independently supported by evidence appertaining at the time of decision.

Court Disposition

Appeal allowed

Orders

  • Matter remitted for rehearing before a differently constituted Upper Tribunal