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Evidential Flexibility Policy has meaning

Evidential Flexibility Policy has meaning – Manish Mandalia v Secretary of State for the Home Department [2014] UKSC 59

Having been involved in this case in the Upper Tribunal before joining Richmond Chambers I am very pleased to confirm that the Supreme Court have allowed Manish Mandalia’s appeal (against refusal of a Tier 4 (General) Student application) on the grounds that, on the particular facts of his case, the Home Office evidential flexibility policy “… obliged it first to have invited him to repair the deficit in his evidence.”

Please see here for my earlier article on the history of the case. A further article discussing some of the wider implications of this decision will follow. For the moment suffice it to say that the decision in R (Gu) v Secretary of State for the Home Department [2014] EWHC 1634 (Admin), [2015] 1 All ER 363 has been overruled: a document can be missing from the beginning and end of a sequence as well as from the middle.

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