The Court of Appeal has sent a case back to the Upper Tribunal for reconsideration after a failure to properly consider article 8 and the making of a material error in relation to the appellant’s husband’s nationality. The case is Gurdeep Kaur v Secretary of State for the Home Department...
Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application may be refused. If the application was for entry clearance, it can also lead to a ten-year ban on re-entry to the UK....
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R (on the application of Tazeem) v Secretary of State for the Home Department [2023] EWHC 1828 (Admin), a case addressing...
In this blog post I am going to take a look at the second main way that the British state strips some citizens of their citizenship status. In a previous blog post I looked at behaviour-based denaturalisation. Here I’m looking at fraud-based denaturalisation. In contrast to the considerable literature addressing...
This was the unsurprising finding of the Upper Tribunal in R (Ashrafuzzaman) v Entry Clearance Officer (precedent fact; general grounds refusal) [2022] UKUT 133 (IAC). The exception is where human rights are involved (more on that later). Although the case concerned a refusal under the old paragraph 320(7A), the findings...
This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now returned to this topic in the recent decision of Saeed (Deception – knowledge – marriage of convenience) [2022] UKUT 18 (IAC). The facts Mr Saeed,...
In another reminder that leave obtained by deception can be revoked, we have the Upper Tribunal decision in R (Matusha) v Secretary of State for the Home Department (revocation of ILR policy) [2021] UKUT 175 (IAC). The case confirms that there “must be clear and justifiable evidence of deception and...
Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is Mahmood (paras. S-LTR.1.6. & S-LTR.4.2.; Scope) Bangladesh [2020] UKUT 376 (IAC). Bangladeshi national Sultan Mahmood, 41, has been living in the UK since at least...
When is a “false document” not a “false” document? In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland held that a document cannot itself be dishonest. Dishonesty requires an assessment of the state of mind of the person submitting...
The Home Office has issued new policy guidance on when it will refuse applications on the grounds of deception or dishonesty, i.e. where an applicant has made a false representation. The guidance follows a serious defeat in the Court of Appeal earlier this year. In Balajigari v Secretary of State for...
The ground of appeal in Hameed v Secretary of State for the Home Department [2019] EWCA Civ 1324 was: It was wrong to find the appellant had made a false representation under paragraph 322(1A) of the Immigration Rules when he had not acted dishonestly. Mr Hameed had applied for a...
In Chanda v Secretary of State for the Home Department [2018] EWCA Civ 2424 the Court of Appeal grappled with paragraph 322(1A) of the Immigration Rules. The court looked briefly at the considerations that arise out of a false document and a finding of deception, stressing that the two issues...
Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal. Unsurprisingly. A student was convicted for driving with excess alcohol and also for driving without due care and attention. He was made subject to a community order with an unpaid work requirement and a requirement to attend...
With thanks to the excellent Fawzi Zuberi of Lighthouse Solicitors, I thought it might be worth flagging up an obscure, very well hidden but very useful part of the modernised guidance on General grounds for refusal. It comes at p98 onwards of a ridiculously long document (which of course is far...
In the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows: (7A) Where false representations have been made or false documents or...
The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to cases of deliberate falsehood rather than accidental mistake. The case is AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773...
