OS (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 625 (05 May 2015)

OS (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 625 (05 May 2015)

The appellant's explanation for the omission of self-employed earnings was not credible; the evidence supported the Secretary of State's allegation of dishonesty, justifying refusal of leave to remain under rule 322(5).

Citation
[2015] EWCA Civ 625
Parties
Claimant/applicant: OS (Nigeria); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 May 2015
Procedural Posture
Immigration Appeal / Application for Permission to Appeal to Court of Appeal From Upper Tribunal
Outcome
Permission to appeal refused
Legal Topics
Leave to Remain, Dishonesty in Immigration Applications, Burden of Proof, Tax Return Discrepancies
Immigration Administrative Law Leave to Remain Dishonesty in Immigration Applications Burden of Proof Tax Return Discrepancies

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Parties

OS (Nigeria)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Immigration Appeal / Application for Permission to Appeal to Court of Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether the appellant's explanation for tax return discrepancies was credible
  2. 2 Whether the burden of proof regarding dishonesty shifted to the Secretary of State
  3. 3 Whether the refusal of leave to remain was justified under rule 322(5)

Ratio Decidendi

The appellant's explanation for the omission of self-employed earnings was not credible; the evidence supported the Secretary of State's allegation of dishonesty, justifying refusal of leave to remain under rule 322(5).

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused; no further action.