Article 49 Burden of proof
If—
a party appealing against a relevant decision asserts that the decision ought not to have been taken against him; or
an applicant for bail asserts that he ought not to have been detained,
on the ground that the statutory provision under which that decision or action was taken does not apply to him, it is for that party to prove that the provision does not apply to him.
If in any appeal or application—
a party asserts any fact; and
by virtue of an Act, statutory instrument or immigration rules, if the party had made such an assertion to the Secretary of State, an immigration officer or an entry clearance officer, it would have been for the party to satisfy the Secretary of State or officer that the assertion was true,
it is for that party to prove that the fact asserted is true.