IA006002014

There was a further witness statement from a Robin Smith, a higher executive officer in the Temporary Migration Department of the UKBA. He said that he had been sent a disk by DC Laura Curry with a statement and on the disk he found payslips from Goldstone Technologies and a salary confirmation letter from that company both confirming the salary of the appellant and also various bank statements bearing his name covering the period of 1 October 2001 to 30 September 2002.

The judge having allowed the appeal, the respondent sought and was granted permission to appeal on the basis that the judge had not properly followed the Devaseelan guidance.

After consideration we concluded that the respondent�s appeal would be allowed and the detailed reasons which we provide below would follow. We also concluded, having heard submissions on the point, that the appropriate course of action would be for the matter to be remitted for a full rehearing at Taylor House by a judge other than Judge Herbert.

It is important that at the outset we set out the Devaseelan guidance since it is a central issue in this appeal.

The second Adjudicator must, however be careful to recognise that the issue before him is not the issue that was before the first Adjudicator. In particular, time has passed; and the situation at the time of the second Adjudicator�s determination may be shown to be different from that which obtained previously. Appellants may want to ask the second Adjudicator to consider arguments on issues that were not - or could not be - raised before the first Adjudicator; or evidence that was not - or could not have been - presented to the first Adjudicator.