An independent expert's opinion under reg 1.23(1B)(b) of the Migration Regulations formed without disclosing credible, relevant and significant adverse information to the visa applicant is not a valid 'opinion' for the purposes of reg 1.23(1C), and the Tribunal cannot be bound by it. Confidentiality attaching to a letter from a former spouse does not persist indefinitely and may not override the requirements of procedural fairness, particularly where the information is intensely personal and the relationship between the parties is the subject of the inquiry. Disclosure of mere 'key points' of a detailed letter may not satisfy procedural fairness where the summary does not adequately convey the gist of the information.
The full text is available to signed-in members, including the 43 later cases that cite this judgment.
5 of the 43 citing cases carry a classified treatment. How each court treated it is available to signed-in members.