Section 19 of the UK Borders Act 2007 came into force on 23 May 2011 and it will affect all points based system appeals heard for the first time following the commencement. Section 19 refers to the fact that no new evidence can be produced in points based system appeals. The UKBA has confirmed that there are some transitional arrangements in place as follows:
- Section 19 will not affect appeals that have been part-heard where a hearing or case management review has taken place before 23 May 2011; and
- Section 19 will not apply in the Upper Tribunal, nor remittals from the Upper Tribunal to the First-Tier Tribunal, where the First-Tier Tribunal hearing took place before 23 May 2011.
For the announcement made by Damian Green on Section 19, please click here.