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LOCATION: Home » Knowledge Centre » Deception

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Dishonesty and deception in immigration cases
By Richmond Chambers

Paragraph 322 (1A)  of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted (whether or not material to the...

 application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.” Paragraph 6...

Paragraph 322(5): A Ground for Refusal
By Nadine McGarry

The issues faced by individuals who have received a refusal on the grounds of paragraph 322(5) of the Immigration Rules have been reported on widely in the media recently.  Paragraph 322(5) of the Immigration Rules provides a discretionary ground for refusal...

 based on: “the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a...

Latest on TOEIC/ETS cases - Court of Appeal case of Khan
By Richmond Chambers

Those familiar with TOEIC/ETS deception cases will be aware that these cases have led to a considerable amount of litigation. The latest Court of Appeal case of Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 follows from the relatively...

 recent Court of Appeal case of Ahsan v The Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009. In Ahsan, it was held that an out-of-country appeal in a TOEIC/ETS deception was not an adequate alternative remedy when considering...

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