The Upper Tribunal has held that judges may sanction belatedly served evidence, including by excluding it, in an Article 8 entry clearance appeal brought by an Afghan woman living in Iran.
Key facts
- Who: Appellants and respondents in immigration appeals where evidence is served late; the decision concerned an Afghan woman living in Iran seeking entry clearance to join her husband in the UK
- From: Judgment promulgated 9 February 2026 (heard 11 December 2025)
- Source: Soraya Dawrani v Secretary of State for the Home Department [2026] UKUT 151 (IAC)
Background
In Dawrani [2026] UKUT 151 (IAC), the Upper Tribunal (Immigration and Asylum Chamber), made up of the President, Mr Justice Lavender, and Upper Tribunal Judge Lodato, heard an appeal against a First-tier Tribunal decision. The appellant, Ms Dawrani, lives in Iran and says she fears being forcibly returned to Afghanistan, the country of her nationality. She applied for entry clearance under the family reunion part of the Immigration Rules to join her husband, who has lived in the UK for many years.
The Home Office refused the application in a decision dated 9 October 2023, because her husband did not have protected status under the Refugee Convention or humanitarian protection. It found no exceptional circumstances and concluded that refusal would not breach Article 8 of the European Convention on Human Rights. She had a right of appeal.
The appeal history
Her appeal was lodged on 9 November 2023 on human rights grounds. It was struck out for non-payment of the fee on 23 November 2023 and reinstated on 29 August 2024. She was directed to serve her evidence bundle and skeleton argument by 6 December 2024. She did not comply and was directed again to do so by 16 December 2024, with a warning that the appeal might be heard and decided without the material. Further directions went unmet.
The hearing was listed for 12 May 2025. At 5:49pm on Friday 9 May 2025 she provided a 507-page bundle of country information. At 12:06pm on Saturday 10 May 2025 she provided a 586-page bundle including witness statements and family documents. Neither was accompanied by an application for an extension of time. Her representatives also provided a 12-page skeleton argument.
The question
Ms Dawrani argued that the First-tier Tribunal judge handled her appeal unfairly and unjustly by refusing to admit the bundles provided shortly before the hearing.
The principles the tribunal set out
The Upper Tribunal said the principles in Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC), supplemented by the Senior President of Tribunals' Practice Direction of November 2024, apply to the discretion to admit or exclude belatedly served evidence. It said it must no longer be thought that the mere presence of available and relevant evidence will invariably result in its admission, irrespective of whether it was provided in compliance with case management directions.
Judges have a range of procedural sanctions. They may adjourn the hearing and go on to consider wasted or unreasonably incurred costs, or admit only the truly essential parts of a late bundle. The Practice Direction allows such alternative measures. However, the tribunal said it is plainly open to a judge, in their discretion and as a matter of judgment, to sanction the defaulting party by excluding the evidence if it is just and fair to do so.
What this means for people in immigration appeals
- A judge dealing with late evidence has a range of options, including adjourning, admitting only the essential parts, or excluding the evidence.
- The tribunal held that exclusion is open to a judge where it is just and fair.
- The tribunal said that available and relevant evidence will not invariably be admitted, whether or not it complied with case management directions.
- Anyone involved in an appeal with evidence deadlines should get advice before a deadline passes.
Sources
- Soraya Dawrani v Secretary of State for the Home Department [2026] UKUT 151 (IAC), Upper Tribunal (Immigration and Asylum Chamber), heard 11 December 2025, promulgated 9 February 2026