LI v The Secretary of State for the Home Department, Court of Appeal - Civil Division, November 07, 2018, [2018] EWCA Civ 2411

Resolution Date:November 07, 2018
Issuing Organization:Civil Division
Actores:LI v The Secretary of State for the Home Department
 
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Case No: C7/2016/1957

Neutral Citation Number: [2018] EWCA Civ 2411

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER)

Upper Tribunal Judge Craig

JR/14232/2015

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 07/11/2018

Before:

THE SENIOR PRESIDENT OF TRIBUNALS

and

LORD JUSTICE SALES

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Between:

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Ramby De Mello (instructed by Christine Lee & Co) for the Appellant

Emma Dring (instructed by Government Legal Department) for the Respondent

Hearing date: 25 October 2018

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JudgmentThe Senior President:

Introduction

  1. This is an appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (``UT'') to refuse permission to apply for judicial review of the decision of the Secretary of State made on 21 August 2015. Permission to appeal was granted by Treacy LJ in relation to one of the two grounds of appeal relied upon by the appellant. The appellant applied to renew the second ground and Beatson LJ directed that the application to renew ground two should be listed with this appeal.

    Factual and procedural background

  2. The appellant is a national of China.

  3. On 5 May 2014 the appellant applied for entry clearance as a Tier 1 (Investor) migrant. She wanted to bring her son with her, who was born in 2007. In order to do this the appellant was required to submit her son's birth certificate. She asserts that she had a birth certificate for her son but that it did not state his father's name. She was given advice that she should obtain a copy of the birth certificate listing both parents' names. It appears that she instructed an agent to obtain or help to obtain a new birth certificate for her and it was this birth certificate that was submitted with her application.

  4. Her application was refused under paragraph 320(7A) of the Immigration Rules on the basis that the birth certificate was a false document. There was an administrative review of the decision. In support of her case on the review the appellant provided a letter, purportedly from a hospital, confirming that the birth certificate was genuine. The reviewing officer concluded (for reasons that are clearly set out in the documentation) that the birth certificate was false and the supporting letter was also false.

  5. On 22 September 2014 the applicant made another application for entry clearance as a Tier 1 (Investor) migrant. This was rejected under paragraph 320(7B) on the basis that in her previous application for entry clearance she had provided a false document, the son's birth certificate.

  6. On the 27 November 2014 the appellant attempted to enter the UK but was denied entry at the port under paragraph 320(7B) of the Immigration Rules.

  7. On 4 August 2015 the appellant applied again for entry clearance as a Tier 1 (Investor) migrant. The application was refused on 21 August 2015 under paragraph 245EB (insufficient points under the points-based system) and again under paragraph 320(7B) of the Immigration Rules.

  8. The appellant applied to judicially review this decision.

  9. Permission to apply for judicial review was refused at an oral hearing by Upper Tribunal Judge Craig.

    Immigration Rules and relevant legislation

  10. Paragraph 6 of the Immigration Rules is as follows:

    ``In these Rules the following interpretations apply:

    `Deception' means making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.

    `Illegal Entrant' has the same definition as in section 33(1) of the Immigration Act 1971.''

  11. Section 33(1) of the Immigration Act 1971 is in the following terms:

    ```entrant' means a person entering or seeking to enter the United Kingdom and `illegal entrant' means a person--

    (a) unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or

    (b) entering or seeking to enter by means which include deception by another person,

    and includes also a person who has entered as mentioned in paragraph (a) or (b) above''

  12. ...

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