In the recent case Mandalia v Secretary of State for the Home Department  UKSC 59 the Supreme Court has reviewed the evidential flexibility policy under the Points Based System and ruled, inter alia, that the Home Office is obliged to request missing evidence.
Mr Mandalia had filed an application for leave under Tier 4 (General) of the Points Based System. He had however failed to include bank statements which covered the first six days of the required 28 day period specified under the maintenance requirement. The caseworker refused the application when it was open to him under the evidential flexibility policy to request the missing documents.
In holding that the caseworker acted unlawfully and was obliged to request the missing documents, the Supreme Court has also overruled the decision in Gu v Secretary of State for the Home Department  EWHC 1634 (Admin).
If you require legal advice in relation to an application under the Points Based System, please contact us.