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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll