FOI 35020 – Annex 1
From:
Free Movement Operational Policy Team
Subject:
Disclosure of interviewer’s comments (form ICV
4605) following a marriage interview.
Date:
13 January 2015
Issue number:
01/2015
Purpose of notice
1. This notice is to inform caseworkers of the Upper Tribunal’s reported
judgment in the case of
Miah (interviewer’s comments: disclosure: fairness)
[2014] UKUT 00515 (IAC), which considered whether comments or
opinions captured by the interviewer during, or following, a marriage
interview should be disclosed to an appellant as part of the appeal bundle.
Findings of the Court
2.
In the case of
Miah, the UT found that where the Secretary of State
refuses
to
issue documentation on the basis that the
marriage is one of
convenience under regulation 2(1) of the Immigration (European Economic
Area) Regulations 2006, as a matter of fairness the applicant must be given
all relevant information that was used as a basis for the refusal decision.
This includes any comments or opinions captured by the interviewer either
during, or after the interview.
3. Rule 13(1) of the Asylum and Immigration Tribunal (Procedure) Rules 2005
provides that the following must be filed with the tribunal when a Notice of
Appeal is served:
(a) the notice of the decision to which the Notice of Appeal relates and
any other document served on the Appellant giving reasons for the
decision;
(b) any –
(i) statement of evidence form completed by the Appellant; and
(ii) record of an interview with the Appellant,
in relation to the decision being appealed;
(c) any other unpublished document which is referred to in a
document mentioned in (a) or relied upon by the Respondent;
and
FOI 35020 – Annex 1
(d) the notice of any other immigration decision made in relation to the
Appellant in respect of which he has a right of appeal under section
82 of the 2002 Act.”
4. Form ICV 4605, and any other notes from a marriage interview which are
material to the decision, come within point (c) above and
must therefore
be included in any appeal bundle as a matter of course
5. In addition, under rule 13(2), the Secretary of State must also file any
additional documents required as a result of directions given by the
Tribunal. All documents filed must also be served on the Appellant.
6. Caseworkers must be aware that in exceptional cases, disclosure of the
ICV 4605 or other notes may not be appropriate. This may be, for example,
to protect the identity of a third party (such as where allegations have been
made against the appellant). In such circumstances, this must be brought
to the attention of the Tribunal for a ruling and directions (via the Presenting
Officer’s Unit). If there is any doubt as to whether information should be
disclosed or not, this should be referred to your senior caseworker in the
first instance.
7. Any policy enquiries on this notice should be addressed to the free
movement operational policy mailbox at
xxxxxxxxxxxxxxxxxxx@xxxx.xxx.xxx.xx or by calling <Redacted – s.
40(2)> or <Redacted – s. 40(2)>.
<Redacted – s. 40(2)>
Head of Free Movement Operational Policy Team
13 January 2015