Case No. UKUT-00133-(IAC)

51.S.3(1) of the Immigration Act 1971 reads:(1) Except as otherwise provided by or under this Act, where a person is not a British citizen—(a) he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of, or made under, this Act;(b) he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;…52.S.3(2) of the Immigration Act 1971 requires the Secretary of State to lay before Parliament "statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter". The Immigration Rules, including those relating to the Points Based System (“PBS”) and the general grounds of refusal, are made under this section. 53.The applicant sought entry clearance under Tier 4 of the PBS as a student. Paragraph 245ZV of the Immigration Rules required an applicant to have a minimum of 30 points under paragraphs 113 to 120 of Appendix A, a minimum of 10 points under paragraphs 10 to 14 of Appendix C, and to not fall for refusal under the general grounds of refusal. The Entry Clearance Officer also had to be satisfied that an applicant was a genuine student.54.The general grounds for refusal of applications are to be found in Part 9 of the Immigration Rules. Part 9 has been amended since the decisions under challenge, but at the relevant time paragraph 320 of the Immigration Rules contained a list of mandatory grounds of refusal of entry clearance, including paragraph 320(7A). Paragraph 320(7A) appears under the heading ‘Grounds on which entry clearance or leave to enter the United Kingdom is to be refused’. It reads,“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.”55.Paragraph 320(7B) of the Immigration Rules establishes the consequences of a finding that an applicant previously breached the United Kingdom's immigration laws by, inter alia, “using deception in an application for entry clearance, leave to enter or remain (whether successful or not)", subject to certain exceptions. In the case of a person using deception he or she would fall to be refused entry clearance in respect of future applications for a period of 10 years. 56.According to the definitions in the Immigration Rules (paragraph 6) at the relevant time ‘deception’ in paragraph 320(7B) of the immigration rules meant “making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts. “