Odelola
[2009] UKHL 25. It was clear that the Rules would apply to the decision of the respondent made until such time as she promulgated different Rules after which she would decide according to the new Rules. There was no obligation on the respondent to consider or apply old guidance when new guidance had later been provided unless this was required by transitional provisions. 22. With regard to ground 2, Mr Wagner noted that further information had been provided concerning the kidnap and there was the supplementary decision as a consequence. This was dated 20 April 2016 and addressed in particular the issue of the kidnap of the applicant’s mother but also dealt with various points concerning work-related absences. It was for the applicant to make out her claim. The letter made it clear that the kidnap period had been for a maximum of eight days and evidence concerning the health conditions of the applicant’s parents thereafter was considered at paragraph 7 of that letter. Paragraph 9 did not exclude business matters as being a compelling reason, but asked where the evidence was. In any event the policy said that business reasons would not be considered as exceptional, and that was reasonable. As regards evidential flexibility, the applicant had been given the opportunity of administrative review and a further opportunity as further documents had been considered in that later letter. There had been no unfair treatment.
