Upper Tribunal
(Immigration and Asylum Chamber)
Basnet (validity of application - respondent) [2012] UKUT 00113(IAC)
THE IMMIGRATION ACTS
Heard at George House, Edinburgh
Determination Promulgated
on 7 February 2012
Before
MR JUSTICE BLAKE, PRESIDENT
UPPER TRIBUNAL JUDGE MACLEMAN
If the respondent asserts that an application was not accompanied by a fee, and so was not valid, the respondent has the onus of proof.
The respondent’s system of processing payments with postal applications risks falling into procedural unfairness, unless other measures are adopted.
When notices of appeal raise issues about payment of the fee and, consequently, the validity of the application and the appeal, Duty Judges of the First-tier Tribunal should issue directions to the respondent to provide information to determine whether an application was accompanied by the fee.
CASE 链接 http://www.bailii.org/uk/cases/UKUT/IAC/2012/00113_ukut_iac_2012_kb_nepal.html