UTIAC (1) The weight to be given to the Secretary of State’s interests in conducting the proportionality balancing exercise under Article 8(2) of the ECHR is not to be automatically diminished by reference to the consideration
(a) that a person may be able to take advantage of an exception in paragraph 320(7C) in any future application for entry clearance; or, conversely
(b) that there is a danger the person may be refused under paragraph 320(11) by reference to conduct that has led to his or her current application being refused under paragraph 320(7A).
The principle in Chikwamba [2008] UKHL 40 has no bearing on these scenarios.
(2) Although paragraph 320(7A) applies only where someone has been dishonest, the dishonesty does not need to be that of the applicant for entry clearance or leave to enter (AA (Nigeria) [2010] EWCA Civ 773). For paragraph 320(11) to apply, however, it needs to be shown that the applicant (as opposed to someone acting without his or her knowledge) has contrived in a significant way to frustrate the intentions of the immigration rules.
Storey, Land UTJJ
[2012] UKUT 143 (IAC)
Bailii
England and Wales
Immigration, Human Rights
Updated: 11 November 2021; Ref: scu.457693