Case No. UKUT-00133-(IAC)

Do you have any family in the UK?This includes:• Immediate family such as spouse, civil partner, parents or children• grandparents or grandchildren• your spouse or civil partner’s family• your child spouse, civil partner or partner• your partner, if you have lived with them for two out of the last three years93. We note that the description of the application form, set out above, closely matches what the applicant stated in his Administrative Review application. Given that the applicant’s explanation in his Administrative Review application related to the question on the application form and “the guideline” relating to it, it is almost certainly the case that the applicant’s reference to “the guideline” related to the description set out above.94. The question relating to whether a person has any family in the UK was broadly phrased in non-exhaustive terms and utilised plain and clear language. Although there was no specific mention of siblings, we find, based on the ordinary and natural meaning of the word ‘family’, that it would be apparent to anyone completing the form by reference to the accompanying “guideline” that they were being asked whether they had any family at all in the United Kingdom, and that this would necessarily include siblings.95. In the Administrative Review decision, the respondent engaged with and rejected the applicant’s explanation that he did not provide details about his sister because he did not consider her to fall under the definition of ‘family’. The respondent noted that the applicant’s explanation in his 2nd interview was based on the geographical location of his sibling (the applicant in effect explained that he believed the question related to where he was living in UK; as he would be living in Southampton and as his sister lived year Heathrow, he did not mention her). The respondent noted that the questions in the application form and during the applicant’s 1st interview were clear and that he confirmed that he had understood them. We have noted that the application form question was in non-exhaustive terms and the question itself was straightforward. We are also satisfied that the question posed to the applicant in his 1st interview was clear and unambiguous. He was asked whether he had any family “in the UK.” There was no indication from the applicant when this question was asked that he did not understand what was meant by “any family in the UK.” We do not find the respondent acted irrationally in concluding that a student applicant completing the application form would reasonably understand the question to relate to all relatives. This would necessarily include siblings. The respondent was rationally entitled to conclude that the question in the application form was sufficiently clear so as to put an applicant on notice that they must mention whether they have a sibling living in the UK.96. There was no indication before the decision-makers that the applicant had studied other guidance or been advised in respect of other immigration guidance. We are satisfied that these matters have been raised after the event in an attempt to justify the applicant’s answer. We have nevertheless considered the other guidance to which Mr Turner drew our attention, particularly in the light of the comments by the Court of Appeal concerning the need for greater clarity about whether there is Home Office Guidance as to the meaning of ‘Family’ and whether it includes siblings. 97. There is no general definition of family in the interpretive section at paragraph 6 of the Immigration Rules. The Home Office guidance for students did not make any specific reference to who was and who was not considered ‘family’ in the United Kingdom. Although it was not specifically drawn to our attention we note that the relevant guidance on students included, with reference to child students, a definition of ‘close relative’ that did include siblings. We additionally note that the guidance for part 1 of the Family Settlement application form provided by the applicant for the purposes of the hearing indicated that “close relatives” included “brother” and “sister”.98. The applicant relied on the respondent’s guidance ‘Study in the UK on a Student visa’, but this did not contain any definition of ‘family’ that an applicant may have in the United Kingdom. The section upon which Mr Turner relied was headed “Your partner and children” and concerned the ability of a student’s partner and children (referred to as ‘dependents’) being able to apply to come to the UK or stay longer in the UK. This section was concerned with those wishing to accompany or join a student in the UK who fell within a particular familial relationship. The guidance indicated that a Tier 4 (General) Student could apply to bring their partner and/or children into the UK. It did not define ‘family’, still less did it purport to provide more extensive guidance on what was meant by ‘family’ in the context of a student application. 99. Mr Turner also relied on ST 28 of the “Appendix Student” to the Immigration Rules, but this too specifically related to the requirements for entry clearance or permission to stay of a dependent partner or a dependent child of a student. The Appendix did not purport to define ‘family’, whether in the United Kingdom or otherwise, and cannot reasonably be considered to give any guidance on the completion of the student application form. 100. The other Immigration Rules and guidance upon which Mr Turner relied related in the main to categories of individuals seeking to enter the UK based on their familial relationship with a person holding an immigration status allowing for such entry. These categories, many of which are under Part 8 of the Immigration Rules and Appendix FM, are highly specific. Part 8 of the Immigration Rules relates to ‘Family Members’ and not to the more general term ‘family’, and concerns applications for entry clearance and permission to remain by those within closely defined familial relationships. The same can be said of Appendix FM to the Immigration Rules. The guidelines relating to these categories are not aimed at those contemplating or making applications in the Tier 4 (General) Student category, and student applicants are not directed to consider any of these other categories or the guidance related to these categories. 101. Mr Turner submitted that there was a failure by the respondent to consider the voluntary disclosure by the applicant that he had a sister in the UK and that this should have been considered as it undermined the allegation that he intended to deceive. 102. We have already indicated that we were not provided with either an extemporaneous note of the conversation between the applicant and the Immigration Liaison Officer at the airport, or with a summary of that conversation. We note that in his statement dated 10 May 2020 the applicant said he was stopped at the airport just before boarding the plane and was asked by the Immigration Liaison Officer about his UK arrangements, and in his response he disclosed that he had a sister in the UK. In his Administrative Review application the applicant said that the Immigration Liaison Officer asked him if he had relatives in the UK and who was picking him up from the airport, to which he stated that his sister would pick him up. 103. We are satisfied that the applicant’s disclosure of his sister was prompted by specific questions asked of him by the Immigration Liaison Officer concerning his arrangements on his arrival in the UK. It is apparent from question 14 of the 2nd interview that the respondent was aware of the circumstances in which the applicant disclosed the existence of his sister. We additionally note that the 1st decision accurately referred to the chronology of events, including the questioning of the applicant at the airport. We are not persuaded that the respondent failed to take account of the circumstances in which the disclosure occurred, or that the respondent failed to take into account the fact that the applicant voluntarily disclosed his sister’s presence in the UK. 104. We do not consider that the fact that this information was voluntarily disclosed in response to questions from the Immigration Liaison Officer to materially undermine the lawfulness of the respondent’s view that the applicant purposely failed to disclose his sister’s existence. In circumstances where the applicant has given different explanations for his omission, and in circumstances where he could have, but failed to mention his alleged confusion about the meaning of ‘family’ in his 2nd interview, we are satisfied that it was open to the respondent to find that the failure of disclosure was intentional and therefore dishonest. We remind ourselves that we are not deciding for ourselves whether the applicant has been dishonest but whether, in reaching her decision, the respondent was lawfully entitled to so conclude for the reasons given, and that in reaching this decision she took into account all relevant considerations and did not place weight on relevant matters.