The applicant sought judicial review of the immigration officer’s finding that he was an illegal immigrant within the section. He had failed to declare that after obtaining temporary permission to enter, he had got married. It was not suggested that he had acted with positive deceit but had failed to disclose the marriage.
Held: The visa had been handed to the applicant’s mother by a Home Officer officer: ‘a person who hands over a visa is lawfully acting in the execution of the Act and it is to that person that a change of circumstances should be related. If, as I find, the deception of the Immigration Service at that time was by not revealing the change in circumstances, it seems to me also that inevitably a person who does not indicate the change in circumstances causes to be made, to a person lawfully acting in the execution of the act, a representation which he knows to be false or does not believe to be true. ‘ However at that stage it was not established that the applicant recognised that there had been a material change required to be disclosed, but that could not be said at the time he signed the required declarations. ‘there is an irresistible inference that he knew that he would not be allowed into the UK if he revealed his marriage.’ The application was dismissed.
Judges:
Owen J
Citations:
[1997] EWHC Admin 600
Links:
Statutes:
Citing:
Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – In re Saidur Rahman QBD 1977
. .
Cited by:
Appeal from – Regina v Secretary of State for Home Department ex parte Doldur CA 2-Apr-1998
It was wrong to impute deceit to an immigrant who entered after marrying after being given leave to enter when not further questioned about status on entry. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 26 May 2022; Ref: scu.137545