Category Archives: False Statements

Removing adult children as family members

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012)  At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading

Posted in Article 8, Children, False Statements, India, Pakistan, Removals | Tagged , , , , | Leave a comment

Immigration and Stare Decisis

Patel & Ors v Secretary of State for the Home Department [2012] EWCA Civ 741 (01 June 2012) The Court of Appeal (Lord Neuberger MR, Lady Hallett Vice President QBD and Stanley Burnton LJJ) has decided that the SSHD was not … Continue reading

Posted in Court of Appeal, False Statements, Neuberger PSC, Notices, Sedley LJ, WHM | Tagged , , , | 1 Comment

Overstaying, flight side service and re-entry

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading

Posted in Appeals, Domestic Workers, False Statements, Heathrow, Immigration Rules, Notices, Removals, Tier 1, WHM | Tagged , , | Leave a comment

R (Thamby) v SSHD: LTTE, nationality, naturalisation and “good character”

This judicial review case – Thamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1763 read judgment here – concerned the SSHD’s refusal to naturalise as a citizen a Tamil national of Sri … Continue reading

Posted in Cases, ECHR, False Statements, Genocide, International Law, Judicial Review, Nationality, Persecution, Sri Lanka | Tagged , , , , , , , | Leave a comment

Case Comment: FW v SSHD [2011] EWCA Civ 264

Lies and false statements in immigration applications are a common problem. Many a “clever” foreigner, often meritorious enough to qualify for the coveted Post Study Work visa, has fallen foul of the deception rules. It really isn’t a great idea … Continue reading

Posted in Article 8, Court of Appeal, European Union, False Statements, Frontex, Immigration Rules, Kenya, Nigeria, Post Study Work | Tagged , , , , , | Leave a comment

Case Comment: AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773

The rules A catchall by design paragraph 322(1A) of the immigration rules has required clarification from the courts time and time again. The approach adopted by the Court of Appeal in this case contrasts quite starkly with the harsh decision … Continue reading

Posted in Cases, Court of Appeal, False Statements, Immigration Law, Immigration Rules, Nigeria, PBS, Post Study Work, Tier 1 | Tagged , , , , , | Leave a comment

Case Comment: FW (Paragraph 322: untruthful answer) Kenya [2010] UKUT 165 (IAC)

Under the common law lies, silences, omissions, misleading statements and false representations all give rise to liability in criminal and civil matters. Immigration matters tend to contain a mixture of both civil and criminal elements when ascertaining a person’s worthiness … Continue reading

Posted in Article 8, Cases, East African Asians, False Statements, Immigration Rules, Kenya, Tribunals | Tagged , , , , , | Leave a comment