Category Archives: False Statements and Misrepresentations

Parental Conduct and the Seven Year Rule

NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

High Court on British Citizenship and Fact Finding

R (Din) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018) These judicial review proceedings arose out of a trio of refusals – dated 14 July 2016, 16 December 2016 and 22 September 2017 … Continue reading

Posted in Article 6, Cases, Citizenship and Nationality, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, High Court, Human Rights Act, India, Judicial Review, Nationality, Pakistan, Visitors, Women | Tagged , , , , , | Leave a comment

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment

Deceptive Criminal from Sierra Leone Triumphs on Citizens’ Directive in Court of Appeal

R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752 (03 November 2017) These judicial review proceedings relate to the refusal of a residence card and the right approach to the validity of deportation … Continue reading

Posted in Appeals, Article 8, Asylum, Citizens Directive, Deception, Deportation, Detention, Entry Clearance, European Union, False Statements and Misrepresentations, Judicial Review, OFMs, UKSC | Tagged , , , , , , , , , , | Leave a comment

Deception and the Immigration Rules: Dishonesty is Necessary for a Document to be ‘False’

Agha v SSHD (False Document) [2017] UKUT 121 (IAC) (21 February 2017) The officials of the Federal Investigation Agency are much maligned in the West. In my encounters with FIA officials, in their role as immigration officers in Pakistani ports, … Continue reading

Posted in Agents, Appendix V, East India Company, Entry Clearance, False Statements and Misrepresentations, Immigration Rules, Judges, Judicial Review, Pakistan, Students, Visitors | Tagged , , , , | Leave a comment

Students, cancellation, curtailment and private life

Fiaz (cancellation of leave to remain – fairness) Pakistan [2012] UKUT 57 (IAC) (22 February 2012) Facts Having one’s leave/visa curtailed is quite a serious matter but to have it cancelled is a lot worse. In this case the appellant … Continue reading

Posted in Arrivals, Article 8, Blake J, ECHR, False Statements and Misrepresentations, Immigration Rules, Pakistan, PBS, Students | Tagged , , , , | 1 Comment

Using children to stop deportation: Part 2

Sanade and others (British children – Zambrano – Dereci) [2011] UKUT 48 (IAC) (07 February 2012) Sanade (S), Harrison (H), Walker Legal Discussion Tellingly, in considering the appellants’ Article 8 claims, the UT (at [51]) – remembering Lord Wilson’s observations … Continue reading

Posted in Article 8, Automatic Deportation, Blake J, Cases, Children, CJEU, False Statements and Misrepresentations, s 55 BCIA, Tribunals, UKBA 2007 | Tagged , , , | 3 Comments