[2024] UKUT 00028 (IAC)

Maleci (Non-admission of late evidence)

Heard at Field House

THE IMMIGRATION ACTS

Promulgated on 29 January 2024

Before

THE HON. MR JUSTICE DOVE, PRESIDENT

MR C M G OCKELTON, VICE PRESIDENT

UPPER TRIBUNAL JUDGE BLUM

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

COL MALECI

(NO ANONYMITY ORDER MADE)

Respondent

Representation:

For the Appellant: Mr D Clarke, Senior Presenting Officer

For the Respondent: Mr C Timpson, counsel

(1) The First-tier Tribunal is empowered to issue directions regulating the filing and service of evidence in proceedings which provide sanctions in the event of non-compliance that lead to the exclusion of evidence if the Tribunal considers this to be ‘just’. Parties must appreciate that if they fail to comply with directions, they run the risk that the Tribunal will refuse to consider evidence that is not provided in accordance with those directions.

(2) What is ‘just’ will depend on the particular circumstances of each case but will be informed by the principles set out in SSHD v SS (Congo) and Others [2015] EWCA Civ 387.

DECISION AND REASONS