All Articles: General grounds for refusal

General grounds for refusal: owing a debt to the NHS

Ever since 2013, the government has had a Visitor and Migrant NHS Cost Recovery Programme. “The programme’s overarching objective“, according to the Department of Health, “is to improve cost recovery and ensure that the NHS receives a ...

29th July 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

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

25th June 2020 By

General grounds for refusal: understanding re-entry bans

The Home Office can impose entry bans on people who have previously breached immigration law or used deception in their application for leave. Bans can last one year, two years, five years or ten years. Generally speaking, and except for some minor ex ...

26th May 2020 By

General grounds for refusal: contriving to frustrate the intention of the rules

Sometimes a migrant here in the UK unlawfully will want to apply for immigration status. Lawyers and the Home Office often call this “regularising” their status, because the person becomes a “regular” migrant within the rules r ...

1st May 2020 By

General grounds for refusal: criminal convictions, public good, character, conduct and associations

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. This has always been so, but in December 2012 the rules were changed to permanently ban entry of those w ...

20th April 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

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

Tax discrepancies and paragraph 322(5) refusals: what are they and how to challenge them

Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly ...

30th May 2018 By

Why the Home Office banned three far-right activists from the UK

Three far-right celebrities have been denied entry to the UK in the past week under the Home Secretary’s power to exclude people when it is conducive to the public good. But what is the law about refusing to let people come into the country and ...

14th March 2018 By

Why doctors are being kicked out in the middle of an NHS crisis

In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the situation worse. Last week iNews reported that dozens of medics with offers to work in the NHS had their vi ...

24th January 2018 By

Serge Aurier and visas for footballers after Brexit

What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we look at the immigration aspects of football transfers using the recent successful but fraught tran ...

7th September 2017 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

Past deception to obtain Indefinite Leave to Remain may lead to status being revoked

The case of Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC) arises from the provision of false or incorrect identity information by asylu ...

12th January 2016 By

Could Donald Trump be given a visa ban preventing him travelling to the UK?

Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration la ...

9th December 2015 By

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally

The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by P ...

10th February 2015 By

Mike Tyson refusal: what are the rules on previous convictions?

Mike Tyson has just been refused entry to the UK because of his previous conviction for rape (The Bookseller, The Guardian, BBC). He was due to promote his new book but his agents were unaware of the change to immigration rules, which occurred quietly ...

11th December 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

Yet more Tribunal decisions

After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as if there was no tomorrow. As far as I know no-one has suggested scrapping the Immigration and Asylum Chamber YET, a ...

4th October 2011 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