Whether the respondent’s assessment of dishonesty was lawful when considered under conventional public law grounds
81. We must assess the lawfulness of the respondent’s decision using conventional public law grounds. As such, we are concerned with whether the respondent was lawfully entitled to reach his or her decision on the basis of the information available to her at the date of the challenged decision. Evidence and explanations, including the explanation first advanced by the applicant in his Pre-Action-Protocol Letter sent in March 2020 that he was assisted in his application by an agent, the witness statement from Mr Choudhury dated 29 September 2021, and the witness statement from the Entry Clearance Officer dated 2 November 2021 cannot therefore be considered when determining the lawfulness of the decisions under challenge. It was for this reason that we declined to hear evidence from the appellant (even if it was available to give, bearing in mind
- 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