The Home Secretary had served notice that the applicant was an illegal immigrant, and liable to deportation. An order had been made for the cross examination of the applicant. He had come to England to study, but soon dropped his immediate plans. He left and re-entered claiming an intention to start an alternative course. He married, but abandoned his studies. He did not declare his intentions of marrying on returning, but was not asked.
Held: There can be deception by silence, but there is no positive duty of candour on the part of a person seeking to enter approximating to a duty of utmost good faith. The decision was however consistent with and supported by his own behaviour, and the notice stood.
Judges:
Lord Phillips of Worth Matravers
Citations:
[2001] 1 WLR 840, [2001] EWHC Admin 632, [2001] INLR 1
Links:
Statutes:
Immigration Act 1971 26(1)(c)lA 33
Jurisdiction:
England and Wales
Citing:
Cited – 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. . .
Cited – Kwawaja v Secretary of State for the Home Department 1984
There is no positive duty of candour on the part of a person seeking permission to enter the country, approximating to a duty of the utmost good faith. . .
Appealed to – Regina v Secretary of State for Home Department ex parte Mahmood CA 8-Dec-2000
A Pakistani citizen entered the UK illegally and claimed asylum. A week before his claim was refused and he was served with removal directions, he married a British citizen of Pakistani origin. Two children were later born.
Held: Only . .
Cited by:
Cited – Regina on the Application of Anna Ford v The Press Complaints Commission Admn 31-Jul-2001
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules . .
Cited – Farrakhan v Secretary of State for the Home Department QBD 1-Oct-2001
The applicant challenged the Home Secretary’s decision to exclude him from the UK, on the grounds that his presence would exacerbate tensions between the Jewish and Muslim communities. A balance is to be found between freedom of speech and the need . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Lisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Cited – SB (Bangladesh) v Secretary of State for the Home Department CA 31-Jan-2007
A Bangladeshi woman entered into an arranged polygamous marriage in Bangladesh and many years later dishonestly (led by her husband) obtained entry clearance as a visitor before then unsuccessfully seeking leave to remain as being financially . .
Cited – Chikwamba v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 30 July 2022; Ref: scu.166217