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Nimo (Appeals: Duty of Disclosure : Ghana): UTIAC 27 Feb 2020

(1) In an immigration appeal, the Secretary of State’s duty of disclosure is not knowingly to mislead: CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59, citing R v SSHD ex parte Kerrouche No 1 [1997] Imm AR 610.
(2) The Upper Tribunal was wrong to hold in Miah (interviewer’s comments; disclosure; fairness) [2014] UKUT 515 that, in every appeal involving an alleged marriage of convenience, the interviewer’s comments in the Secretary of State’s form ICD.4605 must be disclosed to the appellant and the Tribunal. No such general requirement is imposed by the respondent’s duty of disclosure or by rule 24 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.

Citations:

[2020] UKUT 88 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 24 November 2022; Ref: scu.650785

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