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Meaning of 'false representation'

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vinny
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Meaning of 'false representation'

Post by vinny » Wed Jul 14, 2010 12:33 am

General grounds for refusal: alleged deception and innocent mistakes

Challenging deception findings in immigration and visa applications

Meaning of 'false representation' > AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773 (06 July 2010)

Entry clearance deception refusals > Requests for copy
Document Verification Reports are not secret materials

FW v Secretary of State for the Home Department [2011] EWCA Civ 264 (14 March 2011)Khaliq (entry clearance para 321) Pakistan [2011] UKUT 00350(IAC)
Ahmed (general grounds of refusal - material non-disclosure) Pakistan [2011] UKUT 00351 (IAC)
Two tribunal cases on deception > Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) (14 May 2012) & Singh (paragraph 320 (7A) - IS151A forms - proof) India [2012] UKUT 162 (IAC) (25 April 2012)
Kop (dishonesty alleged - HC 510) Turkey [2012] UKUT 264 (IAC) (5 July 2012)
Thebo, R (on the application of) v Entry Clearance Officer Islamabad (Pakistan) [2013] EWHC 146 (Admin) (05 February 2013)
JK (India) v Secretary of State for the Home Department [2013] EWCA Civ 1080 (18 July 2013)
Omenma (Conditional discharge - not a conviction of an offence) [2014] UKUT 314 (IAC) (22 May 2014)
Two new cases on dishonesty in immigration applications > Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC) (20 May 2014) and Giri, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1832 (Admin) (09 April 2014)
Meaning of “false” document and the difference between visiting and inspecting > Begum (false documents and false statements) [2015] UKUT 00041 (IAC) (8 Dec 2014)
Precedent facts, standards of review and deception > Giri, R (On the Application Of) v Secretary of State for the Home Department [2015] EWCA Civ 784 (28 July 2015)
IA376092014 [2015] UKAITUR IA376092014 (19 October 2015) (tax amendments)
Naidu, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 156 (15 March 2016)
SM and Qadir (ETS - Evidence - Burden of Proof) [2016] UKUT 229 (IAC) (21 April 2016) (57 - burden of proof)
Ahsan v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 (05 December 2017) (ETS)

322(5).
Last edited by vinny on Thu Nov 07, 2013 7:55 am, edited 10 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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vinny
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Post by vinny » Sun Oct 10, 2010 4:03 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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MWill
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Post by MWill » Thu Oct 21, 2010 2:43 pm

This is interesting ... am I correct in thinking that the Court of Appeal's ruling now means that ECOs and IOs will have to do more to prove that "deception" involved some form of deliberate dishonesty?

suarezi
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Post by suarezi » Fri Jun 17, 2011 8:01 am

does anyone know what's the procedure for verifying documents for applications IN the UK? I found the link below that applies for visa applications outside the UK


http://www.ukvisas.gov.uk/en/ecg/refusa ... n#21422919

http://www.ukvisas.gov.uk/resources/en/ ... ERtemplate

http://www.ukvisas.gov.uk/resources/en/ ... nktemplate

amycompton
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Post by amycompton » Tue Jul 10, 2012 10:44 am

False Representation is a representation in fact untrue but recklessly made when the maker has no knowledge as to its truth or falsity.The crime of obtaining money from someone by deceiving them, especially by pretending that something is true when it is not.

vinny
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Post by vinny » Wed Oct 09, 2013 12:18 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nigahban
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Unique Immigration Case, A challenge for Experts.

Post by nigahban » Mon Oct 14, 2013 10:47 pm

Hi All,

Get yourself ready for a long story. So there we go

I am a Pakistani national

Jan 2006 gave interview at British High Commission, Islamabad, Pakistan for student visa.

Entry Clearance Officer asked me 20 questions in total off those 1 is most important related to by current immigration status exact question and answer are below.

Q: What are you currently doing in Pakistan.
Answer: I am doing a job as lecturer.

He never asked me do i have any other job.

I still hold a copy of that interview.

Student visa granted arrived in UK Feb 2006. leave valid until 31 May 2007.

Leave to remain as student applied and granted until March 2008.
Leave to remain as student applied and granted again until June 2009.

while i was on student visa i Applied for HSMP in May 2008 in that application to get the employment points i used my genuine work experience from Pakistan as an IT Manager.

My HSMP application refused. reason i did not mention my IT Manager job in my very first interview to Entry Clearance Officer and case worker believed that i used deception and provided false documents with my application paragraph 320(7B) applied on me. No right of appeal give and no administrative review allowed as i was still holding valid leave when refusal arrived. No Action Taken.

Applied leave to remain as a Student for M.Phil course on a university admission letter. Leave granted until December 2011. No Issue raised about the so called deception in previous application HSMP 2009.

Completed my M.Phil Degree and applied got PSW granted until November 2013. In person application was made no issue raised for so called deception in HSMP case 2009.

On 05 April 2013 applied for my Entrepreneur visa application refused due to bank statement and no advertising material provided. Not for the deception used in HSMP 2009. No right of appeal and AR given as i was still holding my PSW visa.

On 07 June 2013 applied again for my Entrepreneur visa with fresh documents. Today my application is refused on the basis that i had used so called deception in my previous HSMP application is 2009 paragraph 322(1A) applied this time this is only reason of refusal i am given full( 75 + 10 + 10) points for all my attributes.

Questions:

1: What do i need to do?? No right of appeal and AR as still got valid leave until November 2013.

2: Should i apply again? What are my chances?

3: Why the case worker(s) did not refused my previous 3 applications(2 successful 1 failed) on the basis of deception in HSMP 2009? They pointed on my most recent application again 4th since i been refused HSMP 2009.

4: What are my chances of getting a positive decision if i go for Judicial Review? How much is the approx cost?

5: Would i be allowed to run business/work while Judicial Review is pending? I am on PSW right now.

6: Please reply if someone is in same boat as me and have positive decisions. I am sure here may be people on the form so please reply.

7: My eldest child is born in UK and 5 year old never been out of the UK. I been in UK for 7 years 9 months. My Mrs is in UK for 6+ year she also got her 3 brother , 3 sister, Uncle and Ants with families all British Nationals. Shell i made a Human Rights application on the above basis and plus i completed M.Phil Degree and Running a Successful business too.

Please note i always ticked NO on all the application forms in section D of immigration history D11 Has the applicant ever used deception when seeking leave to enter or remain.


Hope you all understand my scenario and interesting story. I Would be very very grateful for any help.

Thanks to all in advance and wish me luck. :) :) :)

Once Again Many Many Thanks In Advance.

vinny
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Post by vinny » Mon Oct 14, 2013 11:40 pm

nigahban, please don't make multiple duplicate posts and continue in your previous thread.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Thu Nov 07, 2013 7:54 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Meaning of 'false representation'

Post by vinny » Thu Jun 12, 2014 10:26 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rb550
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Re: Meaning of 'false representation'

Post by rb550 » Tue Oct 07, 2014 5:37 pm

I'm wondering if anyone has come across cases of alleged dishonest immigration applications where the issue has been differing interpretations of a question. That is, the applicant answers all the questions honestly according to her/his interpretation of what the questions mean, however the Home Office then use a different interpretation of a question so that the answer to it is now incorrect and appears dishonest.
There are 2 asylum cases that I'm aware of where this has happened, so if some questions used by the Home Office have a potential ambiguity, it seems unlikely that these 2 are the only cases.
Example:
2.9 Have you applied for or been issued a UK visa before coming to the UK?
2.10 Have you ever applied for or been granted leave to enter/remain in the UK before?
There have been 2 interpretations of the second question.

Obie
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Re: Meaning of 'false representation'

Post by Obie » Wed Oct 08, 2014 3:23 pm

It will all boil down to whether it was an honest misconception of the question, if it was not, then whether the deception was material to the application.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

rb550
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Re: Meaning of 'false representation'

Post by rb550 » Wed Oct 08, 2014 9:25 pm

Thanks a lot Obie, I'd agree that should be the case. Unfortunately in the 2 asylum cases the results were custodial sentences, of 1 year in one of the cases (though it has been referred for an appeal by the Criminal Cases Review Commission). The question for me is how many similar (ambiguous question) cases might be out there. The CCRC suggests* there may be hundreds of convictions needing reviewed due to people being unaware of a particular defence (section 31) to certain offences. The Home Office seems to have been far too eager to bring criminal charges against lots of people.

* http://www.lawgazette.co.uk/law/ccrc-co ... ullarticle

There's some detail on the asylum ambiguous question issue at eg http://ukbadeception.wordpress.com/conv ... tatistics/

The above 2 links relate to asylum cases, but I'm also interested in whether other immigration categories may suffer due to ambiguous questions. It is just a thought, maybe it really isn't an issue.

Obie
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Re: Meaning of 'false representation'

Post by Obie » Thu Mar 23, 2017 11:03 pm

Further decision on False document. There must have been an element dishonestly in its creation.

Agha, R (on the application of) v Secretary of State for the Home Department (False document) [2017] UKUT 121 (IAC) (21 February 2017)
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vinny
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Re: Meaning of 'false representation'

Post by vinny » Tue Mar 28, 2017 1:49 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Meaning of 'false representation'

Post by vinny » Fri Dec 29, 2017 7:07 am

New statement of changes to the Immigration Rules: HC309 wrote:In addition, a ten-year ban on re-entry is introduced for those who used deception in an application for “leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”. It used to be that a ten-year ban was imposed on those who used deception in an application for entry clearance only. Family members applying under Appendix FM of the Immigration Rules are still not subject to this ban.
Statement of changes to the Immigration Rules: HC309, 7 December 2017 wrote:9.5 In paragraph 320(7B)(ii) after “in an application for entry clearance” insert “, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”.
EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 7 DECEMBER 2017 (HC 309) wrote:7.6. The amendment to paragraph 320(7B) brings the treatment of applicants for leave to enter or remain into line with the treatment of entry clearance applicants.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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