Mehrabi v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Moses |
| Judgment Date | 25 April 2013 |
| Neutral Citation | [2013] EWCA Civ 1037 |
| Date | 25 April 2013 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case no: C5/2012/2312 |
[2013] EWCA Civ 1037
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
[APPEAL No: IA/14641/2011]
Royal Courts of Justice
Strand
London WC2A 2LL
Lord Justice Moses
Case no: C5/2012/2312
Ms N Hashmi appeared on behalf of the Applicant.
The Respondent did not appear and was not represented.
I have been greatly assisted by Ms Hashmi's excellent submissions in relation to the problem faced by this citizen of Iran, Mr Mehrabi, who put in an application to be allowed to continue as a qualified migrant on the basis that he had sufficient points at a time when the material available to him as to his bank statements was not such to show that he qualified for sufficient points. He therefore sought on appeal subsequently to make good that deficiency by producing the bank statements he had by then obtained from his mother and sponsor. By this time, he was in breach of the requirements of section 19 of the UK Borders Act 2007 which by the transitional arrangements applied to his appeal to the First-tier Tribunal and forbade any evidence that was not produced at the time of his application.
Ms Hashmi says that was not the fault of his own because due to international sanctions he simply had been unable to obtain the evidence as to what the resources available from his mother and sponsor were.
It seems to me that the answer to that submission is made clearly by Sullivan LJ in Alam & Ors v Secretary of State [2012] EWCA Civ 960. The provisions of section 19 had been made law under the 2007 Act for some time but had not been in force, therefore anyone would know that at some unpredictable time in the future they would not be entitled to put in any further document other than those put in at the time of the application.
Mr Mehrabi had to put in an application at a time that would be before he became an overstayer. He therefore had to allow sufficient time in obtaining those documents to establish the requisite number of points. He had not made any mistake; he just had not been able in the time he had given himself to obtain the...
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