Kb (Para: 320(7A))

JurisdictionEngland & Wales
JudgeC M G OCKELTON,DEPUTY PRESIDENT
Judgment Date08 September 2009
Neutral Citation[2009] UKAIT 43
CourtAsylum and Immigration Tribunal
Date08 September 2009

[2009] UKAIT 43

ASYLUM AND IMMIGRATION TRIBUNAL

THE IMMIGRATION ACTS

Before:

Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal

Senior Immigration Judge Storey

Between
KB
Appellant
and
The Entry Clearance Officer, Tirana
Respondent
Representation

For the Appellant: Mr Alfred Qinani (the sponsor)

For the Respondent: Ms M. Tanner, Home Office Presenting Officer

KB (para: 320(7A): “false representations”) Albania

A genuine document may contain a false representation. If it does, refusal under para. 320(7A) is lawful.

DETERMINATION AND REASONS
1

The Appellant is a national of Albania. She applied to the respondent for entry clearance with a view to settlement in the United Kingdom as the wife of the sponsor. Her application was refused. She appealed to the Tribunal, and an Immigration Judge allowed her appeal. The respondent sought and obtained an order for reconsideration. Thus the matter comes before us.

2

The sponsor is a British citizen, and, apparently, also a national of Albania. He came to the United Kingdom in October 1998. He said that he was Kosovan, and claimed asylum. Apparently without any very serious enquiry into his nationality, the Secretary of State granted him refugee status. After he had had that status for a number of years he applied for British citizenship. In doing so, he repeated the falsehood about his nationality, stating that he had been born in Morin, in Kosovo. Again apparently without any very serious enquiries as to his nationality he was granted British citizenship, and a British passport was issued to him on 16 March 2006 recording his birth in Morin.

3

The sponsor then travelled to Albania, met his wife and married her.

4

The sponsor's history does not appear to be an unusual one. Although the Tribunal and hence the public tend to hear about cases in which applications to the Secretary of State are refused, it is usually said wrongly, it appears that the result in many successful applications may be equally wrong. Section 4 of the Nationality, Immigration and Asylum Act 2002 substitutes a new s40 in the British Nationality Act 1981. Subsection (3) of that section enables the Secretary of State to deprive a person of “a citizenship status which results from his registration or naturalisation” if it was obtained by fraud, false representation, or concealment of a material fact. The decision to deprive a person of his citizenship in this way carries a right of appeal to this Tribunal. In the only such cases of which the Tribunal has previously been aware, the Secretary of State proposed to prove the fraud or false representation by means of a reminiscence of a telephone conversation between an unspecified British official and an unspecified Albanian official. There was to be no verification of the latter's status or knowledge, and, other than the British official's assurance, no evidence that the interlocutors were talking about the same person. The Secretary of State's decisions were in due course withdrawn.

5

In the present case, the facts came to light in the appellant's application, because she gave what the sponsor admits are the true details of her husband's birth, in Kukes, Albania on 7 April 1978. She produced his birth certificate as evidence of that. She also, however, supported her application with a copy of the sponsor's British passport, showing his birth in Morin, Kosovo, on 7 April 1981. The respondent considered the facts before him and, on the evidence, was not satisfied that the appellant and the sponsor had established that they intended to live together permanently as husband and wife, as required by paragraph 281(iii) of the Statement of Changes in Immigration Rules, HC 395. The application was refused for that reason, as well as under para 320 (7A), which provides as follows:

“320…. The following grounds for the refusal of entry clearance or leave to enter apply:

Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

….

(7A) Where false representations have been made or false documents 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...

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3 cases
  • Upper Tribunal (Immigration and asylum chamber), 2016-11-21, OA/01355/2014
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 21 November 2016
    ...document. However, it is a genuine document and it incorporates false information.” KB (Para: 320(7A): “False Representations”) Albania [2009] UKAIT 00043. Fourthly with reference to the general reasons for refusal discretionary ground at paragraph 320(19): “You are the leader of the Justic......
  • Upper Tribunal (Immigration and asylum chamber), 2009-10-02, [2009] UKAIT 43 (KB (para 320(7A): "false representations"))
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 2 October 2009
    ...{ font-family: "Times New Roman", serif; font-size: 12pt; so-language: ar-SA } KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Procession House Date of Hearing: 8 September 2009 Before: Mr C M G Ockelton, ......
  • Upper Tribunal (Immigration and asylum chamber), 2015-07-27, OA/03633/2014
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 27 July 2015
    ...S-EC2.2. of Appendix FM to the Immigration Rules. Reliance was also placed on KB (paragraph: 320(7A): “false representations”) Albania [2009] UKAIT 00043. It was also asserted that the Judge’s decision was not First-tier Tribunal Judge Chohan granted permission to appeal on 1st June 2015 on......

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