UTIAC (1) The judgments of the Court of Appeal in R v Secretary of State for the Home Department ex parte Bagga [1991] 1 QB 485 are authority for the proposition that, if there is no practice on the part of the Secretary of State of using a date stamp to record the grant of leave under the Immigration Act 1971, even a ‘blameless’ individual will be unable to derive any material benefit from that stamp.
(2) The corollary, however, is not that a blameworthy individual must automatically be able to benefit from such a stamp, which is used in practice to record the grant of leave. Someone who, by misrepresentation, induces an immigration officer to proceed on a mistaken basis is not automatically entitled to succeed, merely because a mistaken decision has been formally recorded.
(3) In such a scenario, consideration must be given to:
(a) the person’s actions and understanding; and
(b) what the immigration officer thought he or she was doing by affixing the stamp.
Peter Lane UTJ
[2016] UKUT 135 (IAC)
Bailii
England and Wales
Immigration
Updated: 02 November 2021; Ref: scu.564158