Part 2: Asylum Chapter 6: Evidence Section 26: Late provision of evidence in asylum or human rights claim: weight
Overview: This section creates the principle that a decision-maker in an asylum or human rights claim or appeal must have regard to the principle that evidence raised by the claimant late should be given minimal weight, unless there are good reasons why the evidence was provided late. For this purpose, evidence is considered "late" if it is provided in response to an evidence notice and it is provided on or after the date specified by that notice (as provided for by section 18); and also, if it is provided in response to a priority removal notice (PRN) and is provided on or after the PRN cut-off date (as required by section 20).
	Background: The aim of this section is to strengthen existing provisions in respect of late evidence following an evidence notice or a PRN. It adds a further consideration for decision-makers when considering how much weight should be applied to evidence provided late without good reason.
	Subsection 1 sets out that this section will apply to evidence that is provided late as part of an asylum or human rights claim. It will apply when a deciding authority, as defined by subsections 7 and 8, considers evidence as part of a claim or as part of a decision where such claims are subject to an appeal.
	Subsection 2 imposes a duty on the deciding authority, when considering the evidence in a claim or appeal, to have regard to the principle of giving minimal weight to evidence that is provided late unless there are good reasons why the evidence was provided late.
	Subsections 3 to 5 relate to the definition of late evidence. Subsection 4 provides for evidence that has been provided on or after the specified date in the evidence notice as detailed in section 18; and subsection 5 provides for evidence that is provided on or after a PRN cut-off date provided for in section 20.
	Subsection 6 specifies that determining a claim includes deciding whether a claim should be certified as clearly unfounded and whether to accept or reject evidence as a further submission.
	Subsection 7 defines a deciding authority as an Immigration Officer, the Secretary of State, the First-tier or Upper Tribunals or the Special Immigration Appeals Commission. It also defines a "relevant appeal" as an appeal that is heard at the First-tier or Upper Tribunals or by the Special Immigration Appeals Commission.
	Subsection 8 sets out the circumstances when the Upper Tribunal is acting as a deciding authority.