Summary
The applicant, represented by counsel, was denied a trustworthiness designation under Guideline F (Financial Considerations) due to insufficient evidence of financial responsibility. The denial was affirmed because the applicant failed to present relevant evidence during the hearing.
Specifically, the applicant did not provide evidence of recent debt discharges as part of the official record. The judge could not consider these new facts, as they were not presented during the hearing.
The applicant's arguments for applying mitigating conditions, particularly AG ¶ 20(d), were based on information not included in the original record. Consequently, the disqualifying conditions under AG ¶ 20 were not sufficiently mitigated, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant failed to present evidence of debt discharges during the hearing.
- The judge cannot consider new evidence not included in the original record.
- The applicant's arguments regarding mitigating conditions were based on facts not presented at the hearing.
Conditions Referenced
- AG ¶ 20raisedFinancial Considerations
- AG ¶ 20(d)rejectedMitigating Condition 20(d)The judge did not apply this condition as the evidence was not part of the record.
Key Rule Quoted
“A Judge cannot reasonably be expected to consider facts and circumstances that were not presented to him or her and made part of the record.”
Procedural Posture
- SOR issuedFeb 27, 2009
- Answer filed—
- Hearing heldAug 24, 2009
- Decision dateOct 28, 2009
Cite For
- Failure to Present Evidence During the Hearing Under Guideline F
- Limitations on Introducing New Evidence on Appeal
- Rejection of Mitigating Conditions Based on Lack of Record Evidence