All Articles: Deception

Home Office can revoke settlement over historical deception

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 “ ...

19th July 2021 By

Man who lived in UK under assumed identity for over a decade wins right to stay

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] UKU ...

26th January 2021 By

Appeal judges clash over false document rules

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 ...

25th November 2020 By

General grounds for refusal: alleged deception and innocent mistakes

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 will inevitably be refused. If the application was for entry clearance, it will also ...

17th July 2020 By

Home Office comes out fighting in new guidance on false representations

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 earlie ...

14th October 2019 By

Student who innocently relied on fake certificate of sponsorship refused visa for producing “false document”

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 ...

6th August 2019 By

Court of Appeal: a false document is one thing, deception another

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 o ...

6th November 2018 By

Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal

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 ord ...

12th February 2016 By

Non disclosure of criminal convictions

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 ridi ...

3rd June 2013 By

Two tribunal cases on deception

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: ( ...

23rd May 2012 By

Meaning of ‘false representation’: AA Nigeria case

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 ...

13th July 2010 By