KB v The Entry Clearance Officer, Tirana

Para 320(7A) applies to genuine documents containing false information; the sponsor's passport incorporated false representations, making refusal mandatory.

Parties: Appellant: KB; Respondent: Entry Clearance Officer, Tirana
Jurisdiction: England and Wales
Judgment Date: 14 October 2009
Procedural Posture: Immigration Appeal / Reconsideration After Initial Appeal Allowed
Outcome: appeal dismissed
Legal Topics: False Representations, Entry Clearance Refusal, Citizenship Deprivation

Immigration Law Nationality Law False Representations Entry Clearance Refusal Citizenship Deprivation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Entry Clearance Officer, Tirana

Respondent

Procedural Posture

Immigration Appeal / Reconsideration After Initial Appeal Allowed

Legal Issues

1 Whether para 320(7A) applies to genuine documents containing false representations
2 Whether refusal of entry clearance under para 320(7A) was lawful
3 Whether the Immigration Judge erred in law in interpreting para 320(7A)

Ratio Decidendi

Para 320(7A) applies to genuine documents containing false information; the sponsor's passport incorporated false representations, making refusal mandatory.

Court Disposition

appeal dismissed

Orders

Refusal under para 320(7A) is mandatory; appellant's appeal dismissed.
Notice of Decision served to sponsor under s40 of British Nationality Act 1981, depriving citizenship.