Having been overruled by the Court of Appeal in the case of Rodriguez  EWCA Civ 2 (FM post here), Mr Justice McCloskey, President of the Immigration and Asylum Chamber of the Upper Tribunal, has returned to the vexed issue of ‘evidential flexibility’ in a trio of cases:
Durrani (Entrepreneurs: bank letters; evidential flexibility)  UKUT 295 (IAC)
Akhter and another (paragraph 245AA: wrong format)  UKUT 297 (IAC)
Fayyaz (Entrepreneurs: paragraph 41-SD(a)(i) – “provided to”)  UKUT 296 (IAC)
This is an issue that the Supreme Court will be examining in the coming months, permission having been granted on 19 May 2014 in Rodriguez (now called Mandalia). These latest Upper Tribunal cases are not, therefore, the last word we will see on the subject.
The headnotes read as follows: Continue Reading…