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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> IA (Nigeria) v Secretary of State for the Home Department [2016] EWCA Civ 529 (28 January 2016:) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2016/529.html Cite as: [2016] EWCA Civ 529 |
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ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION & ASYLUM CHAMBER)
Strand London, WC2A 2LL |
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B e f o r e :
____________________
IA (NIGERIA) |
Applicant |
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- and - |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
____________________
A Merrill Corporation Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400, Email: mlstape@merrillcorp.com
Official Shorthand Writers to the Court
The Respondent did not appear and was not represented
____________________
Crown Copyright ©
LORD JUSTICE McCOMBE:
"Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—
(a) was submitted in support of, and at the time of making, the application to which the immigration decision related,
(b) relates to the appeal in so far as it relies on grounds other than those specified in subsection (3)(c),
(c) is adduced to prove that a document is genuine or valid, or
(d) is adduced in connection with the Secretary of State's reliance on a discretion under immigration rules, or compliance with a requirement of immigration rules, to refuse an application on grounds not related to the acquisition of 'points' under the 'Points Based System'."
Order: Application refused