Begum
[2021] UKSC 7; [2021] Imm AR 879 (“Begum”) was misconceived because both the instant case and Balajigari concerned allegations of dishonesty which had serious consequences in respect of future applications and which could result in a 10 year ban on re-entry to the United Kingdom. In contrast, Ms Begum had her citizenship revoked “on grounds of conduciveness to the public good”, not because of any issue relating to dishonesty.33.In reliance on Balajigari Mr Turner submitted that, if it was for the Tribunal to determine for itself the issue of dishonesty, it was then entitled to consider post-decision evidence. This would include the applicant’s explanation that he acted on the advice of Mr Chowdhury, which was first contained in his Pre-Action-Protocol Letter on 17 March 2020 and later in his statements, the statement from Mr Chowdhury and the supporting emails. The applicant would also be entitled to give oral evidence. Without such evidence the Tribunal would be unable to fully understand the issue, and the applicant would otherwise be unable to provide evidence to rebut the allegation of dishonesty and prevent his entry clearance being revoked.
- Background
- Balajigari & Others v SSHD
- The applicant’s submissions
- Balajigari
- Shen (Paper appeals; proving dishonesty)
- Begum
- The lawfulness of the respondent’s approach to dishonesty
- AA Nigeria v SSHD
- Ahmed (general grounds of refusal - material non-disclosure) Pakistan
- Omenma (Conditional discharge – not a conviction for an offence)
- Agha, R (on the application of) v SSHD
- The applicant’s understanding of the meaning of ‘family’ in the relevant guidance
- The issue of materiality
- Procedural fairness
- The respondent’s submissions
- Giri
- LE (Jamaica)
- Ahsan
- Relevant legislative framework
- Precedent fact
- Ex p Khawaja
- R (A) v Croydon LBC
- SSHD v Lim & Anor (R, on the application of)
- Khawaja
- Wednesbury
- Associated Provincial Picture Houses LTD v Wednesbury Corporation
- Bank Mellat v HM Treasury (no 2)
- R (Lord Carlile of Berriew) v SSHD
- Caroopen & Myrie
- Whether the respondent’s assessment of dishonesty was lawful when considered under conventional public law grounds
- Agbabiaka (evidence from abroad; Nare guidance)
- Abbas, R (on the application of) v SSHD
- Family who live in the UK
- Whether the applicant’s sister’s presence in the UK was a material fact in relation to the application
- Whether the decision was procedurally fair
- R (Mushtaq) v ECO (ECO - procedural fairness)
- R (Anjum) v ECO (entrepreneur-fairness generally)
- Conclusion
