UTIAC 1) Just because findings of fact made by the Tribunal in a reported case are not binding does not mean that immigration judges are free to take account or not to take account of such findings at will: (a) the determination may contain an account of the record of evidence; (b) the Tribunal may have made findings of fact and if these relate to the same factual matrix then they should be followed unless there is a good reason to revisit them: see A (Somalia) [2007] EWCA Civ 1040.
2) In cases in which the Secretary of State alleges that a claimant falls foul of para 320(1A) of Statement of Changes in the Immigration Rules HC 395 as amended, it will be important to follow the guidance given by the Court of Appeal in AA (Nigeria) [2009] EWCA Civ 773 that knowing deception is needed to show false representations.
3) Given the nature and extent of the evidence found by the Tribunal in NA and Others (Cambridge College of Learning) Pakistan [2009] UKAIT 00033 to point overwhelmingly to a conclusion that CCOL never ran any Postgraduate Diploma in Business Management or in IT, a claimant who relies solely on documents specific to his or her own (claimed) studies in order to maintain the contrary must expect these to be scrutinised closely.
Judges:
Syorey, Perkins SIJJ
Citations:
[2011] UKUT 33 (IAC), [2011] Imm AR 448
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 01 September 2022; Ref: scu.428571
