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Section 85(4) of the Nationality, Immigration and Asylum Act 2002

16 April 2010

Under section 85(4) of the Nationality, Immigration and Asylum Act 2002, an in country applicant whose Points Based application has been refused on the basis of the evidence provided, might be able to rely on additional documents, for instance, a witness statement by her/his employer or accountant and bank statements at the appeal. This is due to the fact that section 85(5)A is not yet in force which means that "on an appeal under section 82(1) or 83(2) against a decision an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision."

However, NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025, rules that an appellant will not be able to rely on section 85(4) in appeals where the appellant didn't have adequate maintenance even if at the time of the appeal he/she were to meet this particular requirement.

The effect of paragraph 245Z(e), read together with Appendix C of the Immigration Rules and closely related parts of the Policy Guidance, is that, to qualify, an (in-country) applicant must show that he or she held £800 or over for each and every day of the period of three months immediately preceding the date of application.

 

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