Meaning of 'false representation'

Post by **vinny** » Wed Jul 14, 2010 1:33 am

Post by **vinny** » Sun Oct 10, 2010 5:03 am

See also He who asserts must prove (MH (Respondent's bundle: documents not provided) Pakistan [2010] UKUT 168 (IAC)) and Entry clearance deception refusals.

MWill · Post by **MWill** » Thu Oct 21, 2010 3:43 pm

This is interesting ... am I correct in thinking that the Court of Appeal's ruling now means that ECOs and IOs will have to do more to prove that "deception" involved some form of deliberate dishonesty?

suarezi · Post by **suarezi** » Fri Jun 17, 2011 9:01 am

does anyone know what's the procedure for verifying documents for applications IN the UK? I found the link below that applies for visa applications outside the UK

http://www.ukvisas.gov.uk/en/ecg/refusa ... n#21422919

http://www.ukvisas.gov.uk/resources/en/ ... ERtemplate

http://www.ukvisas.gov.uk/resources/en/ ... nktemplate

amycompton · Post by **amycompton** » Tue Jul 10, 2012 11:44 am

False Representation is a representation in fact untrue but recklessly made when the maker has no knowledge as to its truth or falsity.The crime of obtaining money from someone by deceiving them, especially by pretending that something is true when it is not.

Post by **vinny** » Wed Oct 09, 2013 1:18 pm

Innocent mistakes and general grounds for refusal

nigahban · Post by **nigahban** » Mon Oct 14, 2013 11:47 pm

Hi All,

Get yourself ready for a long story. So there we go

I am a Pakistani national

Jan 2006 gave interview at British High Commission, Islamabad, Pakistan for student visa.

Entry Clearance Officer asked me 20 questions in total off those 1 is most important related to by current immigration status exact question and answer are below.

Q: What are you currently doing in Pakistan.
Answer: I am doing a job as lecturer.

He never asked me do i have any other job.

I still hold a copy of that interview.

Student visa granted arrived in UK Feb 2006. leave valid until 31 May 2007.

Leave to remain as student applied and granted until March 2008.
Leave to remain as student applied and granted again until June 2009.

while i was on student visa i Applied for HSMP in May 2008 in that application to get the employment points i used my genuine work experience from Pakistan as an IT Manager.

My HSMP application refused. reason i did not mention my IT Manager job in my very first interview to Entry Clearance Officer and case worker believed that i used deception and provided false documents with my application paragraph 320(7B) applied on me. No right of appeal give and no administrative review allowed as i was still holding valid leave when refusal arrived. No Action Taken.

Applied leave to remain as a Student for M.Phil course on a university admission letter. Leave granted until December 2011. No Issue raised about the so called deception in previous application HSMP 2009.

Completed my M.Phil Degree and applied got PSW granted until November 2013. In person application was made no issue raised for so called deception in HSMP case 2009.

On 05 April 2013 applied for my Entrepreneur visa application refused due to bank statement and no advertising material provided. Not for the deception used in HSMP 2009. No right of appeal and AR given as i was still holding my PSW visa.

On 07 June 2013 applied again for my Entrepreneur visa with fresh documents. Today my application is refused on the basis that i had used so called deception in my previous HSMP application is 2009 paragraph 322(1A) applied this time this is only reason of refusal i am given full( 75 + 10 + 10) points for all my attributes.

Questions:

1: What do i need to do?? No right of appeal and AR as still got valid leave until November 2013.

2: Should i apply again? What are my chances?

3: Why the case worker(s) did not refused my previous 3 applications(2 successful 1 failed) on the basis of deception in HSMP 2009? They pointed on my most recent application again 4th since i been refused HSMP 2009.

4: What are my chances of getting a positive decision if i go for Judicial Review? How much is the approx cost?

5: Would i be allowed to run business/work while Judicial Review is pending? I am on PSW right now.

6: Please reply if someone is in same boat as me and have positive decisions. I am sure here may be people on the form so please reply.

7: My eldest child is born in UK and 5 year old never been out of the UK. I been in UK for 7 years 9 months. My Mrs is in UK for 6+ year she also got her 3 brother , 3 sister, Uncle and Ants with families all British Nationals. Shell i made a Human Rights application on the above basis and plus i completed M.Phil Degree and Running a Successful business too.

Please note i always ticked NO on all the application forms in section D of immigration history D11 Has the applicant ever used deception when seeking leave to enter or remain.

Hope you all understand my scenario and interesting story. I Would be very very grateful for any help.

Thanks to all in advance and wish me luck.

Once Again Many Many Thanks In Advance.

Post by **vinny** » Tue Oct 15, 2013 12:40 am

nigahban, please don't make multiple duplicate posts and continue in your previous thread.

Post by **vinny** » Thu Nov 07, 2013 7:54 am

Document Verification Reports are not secret materials

Post by **vinny** » Thu Jun 12, 2014 11:26 pm

Two new cases on dishonesty in immigration applications.

rb550 · Post by **rb550** » Tue Oct 07, 2014 6:37 pm

I'm wondering if anyone has come across cases of alleged dishonest immigration applications where the issue has been differing interpretations of a question. That is, the applicant answers all the questions honestly according to her/his interpretation of what the questions mean, however the Home Office then use a different interpretation of a question so that the answer to it is now incorrect and appears dishonest.
There are 2 asylum cases that I'm aware of where this has happened, so if some questions used by the Home Office have a potential ambiguity, it seems unlikely that these 2 are the only cases.
Example:
2.9 Have you applied for or been issued a UK visa before coming to the UK?
2.10 Have you ever applied for or been granted leave to enter/remain in the UK before?
There have been 2 interpretations of the second question.

Post by **Obie** » Wed Oct 08, 2014 4:23 pm

It will all boil down to whether it was an honest misconception of the question, if it was not, then whether the deception was material to the application.

rb550 · Post by **rb550** » Wed Oct 08, 2014 10:25 pm

Thanks a lot Obie, I'd agree that should be the case. Unfortunately in the 2 asylum cases the results were custodial sentences, of 1 year in one of the cases (though it has been referred for an appeal by the Criminal Cases Review Commission). The question for me is how many similar (ambiguous question) cases might be out there. The CCRC suggests* there may be hundreds of convictions needing reviewed due to people being unaware of a particular defence (section 31) to certain offences. The Home Office seems to have been far too eager to bring criminal charges against lots of people.

* http://www.lawgazette.co.uk/law/ccrc-co ... ullarticle

There's some detail on the asylum ambiguous question issue at eg http://ukbadeception.wordpress.com/conv ... tatistics/

The above 2 links relate to asylum cases, but I'm also interested in whether other immigration categories may suffer due to ambiguous questions. It is just a thought, maybe it really isn't an issue.

Post by **Obie** » Thu Mar 23, 2017 11:03 pm

Further decision on False document. There must have been an element dishonestly in its creation.

Agha, R (on the application of) v Secretary of State for the Home Department (False document) [2017] UKUT 121 (IAC) (21 February 2017)

Post by **vinny** » Tue Mar 28, 2017 2:49 pm

General grounds for refusal: alleged deception and innocent mistakes

Post by **vinny** » Fri Dec 29, 2017 7:07 am

New statement of changes to the Immigration Rules: HC309 wrote:In addition, a ten-year ban on re-entry is introduced for those who used deception in an application for “leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”. It used to be that a ten-year ban was imposed on those who used deception in an application for entry clearance only. Family members applying under Appendix FM of the Immigration Rules are still not subject to this ban.

Statement of changes to the Immigration Rules: HC309, 7 December 2017 wrote:9.5 In paragraph 320(7B)(ii) after “in an application for entry clearance” insert “, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”.

EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 7 DECEMBER 2017 (HC 309) wrote:7.6. The amendment to paragraph 320(7B) brings the treatment of applicants for leave to enter or remain into line with the treatment of entry clearance applicants.

Post by **vinny** » Thu Oct 22, 2020 1:57 pm

vinny wrote: ↑
Wed Apr 26, 2017 12:54 am
In a new application, it may be unreasonable of them to ignore submitted evidence refuting a past deception charge.

Post by **vinny** » Wed Nov 25, 2020 2:04 pm

Appeal judges clash over false document rules > LLD v Secretary of State for the Home Department [2020] NICA 38 (31 July 2020)

Post by **vinny** » Tue Jan 26, 2021 2:58 pm

Man who lived in UK under assumed identity for over a decade wins right to stay > Mahmood (paras. S-LTR.1.6. & S-LTR.4.2.; Scope) Bangladesh [2020] UKUT 376 (IAC) (07 October 2020).

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Meaning of 'false representation'

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