Introducing This Exclusive Webinar From Anthony Omokhodion
Bringing Families Together
The Evidential Flexibility Policy in Immigration
Since August 2009, the UK Border Agency has apparently been operating a policy of "evidential flexibility" when considering Points-Based System applications. This policy allows caseworkers to contact applicants for missing documentation or to correct minor errors once applications have been lodged but only in certain circumstances.
This policy took a very long time to surface within the public domain and this webinar will first analyse the policy's beginnings and origins. We will then look at the two most relevant judgments on the policy: first with a brief look at the Upper Tribunal reported determination in the case of Rodriguez (Flexibility Policy)  UKUT 00042 (IAC) then with a more in-depth analysis of the Court of Appeal judgment in the same case following the Secretary of State's appeal: Secretary of State for the Home Department vRodriguez  EWCA Civ 2.
Lastly, we will look at the position within the Immigration Rules since elements of the evidential flexibility policy have been incorporated in several parts of the Immigration Rules and we will analyse how practitioners can best make use of the policy and/or the Immigration Rules when it comes to challenging refusal decisions.
This webinar is designed for practitioners working in immigration and in particular within applications that require 'specified evidence' to be submitted, e.g. within the Points-Based System and Appendix FM and FM-SE.
Delegates viewing this webinar will receive a comprehensive analysis of the Policy, the relevant documents available in the public domain, the relevant case-law and Immigration Rules as well as corresponding appeal procedures.
What You Will Learn
This webinar will cover the following:
- The Evidential Flexibility Policy since its inception
- The Policy as analysed by the courts with the UT determination and Court of Appeal judgment in Rodriguez
- The Evidential Flexibility discretion within the Immigration Rules
- How best to use Evidential Flexibility as a challenge to a refusal decision