header-logo header-logo

16 July 2010
Issue: 7426 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll