11 Mar 2009
CHEEMA V THE MINISTER OF IMMIGATION AND ANOR HC AK CIV-2008-404-7469
- Citation
- openlaw-d8acacb3_60c4_43b0_a63e_02c2965df768.pdf
- Court
- High Court
The application for leave to cross-examine was dismissed because there was no credible dispute of fact about an undertaking: the correspondence showed a clear unconditional offer and acceptance, the applicant's belief arose from her counsel, and the INZ official could not give direct evidence of the alleged undertaking; the substantive review may nevertheless proceed on the ground that INZ took the husband's alleged fraud into account which could be an irrelevant consideration.