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16 July 2010
Issue: 7426 / Categories: Case law , Law digest
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Immigration

Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773, [2010] All ER (D) 53 (Jul)

The word “false” in para 320(7A) or para 322(1A) of the Immigration Rules HC 395 was used in the meaning of “dishonest” rather than “incorrect”. The reasons why the meaning “dishonest” was to be preferred were because, first, “false representation” was aligned in the Rules with “false document”. Secondly, however, a false representation stated in all innocence might be simply a matter of mistake, or an error short of dishonesty.

It did not necessarily tell a lie about itself. In such a case there was little reason for a requirement of mandatory refusal. Thirdly, the non-disclosure of material facts was also a mandatory ground of refusal. Fourthly, in a situation where a word had two distinct, and distinctively important, meanings, there was a genuine ambiguity which made it legitimate, in construing the Rules which were expressions of the executive’s policy, to consider what the executive had said, publicly, about its rules.

The assurance as to the meaning of the

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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