R v Secretary of State for the Home Department, ex parte Ketowoglo
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1992 |
| Date | 30 January 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Balcombe, Lord Justice Ralph Gibson and Lord Justice Stuart-Smith
Immigration - judicial review - full and frank disclosure essential
There was a duty upon an applicant for leave to move for judicial review to make full and frank disclosure of all relevant matters. The court would not readily excuse conduct which misled it by the non-disclosure of a relevant matter nor would it permit the applicant to disclaim responsibility for what had been done in his name and on his behalf by his representatives.
The Court of Appeal so held when dismissing the application of Mr Kodgzo Ketowoglo, a citizen of Togo, for leave to apply for judicial review of notice given to him on July 6, 1991 that he was an illegal entrant and was therefore to be detained and removed from this country.
Mr Owen Davies, who did not appear below, for Mr Ketowoglo; Mr David Pannick for the secretary of state.
LORD JUSTICE RALPH GIBSON said that Mr Ketowoglo was a chef who in 1981 had been granted a visa to exempt him from the provisions of United Kingdom immigration control while he was employed in a diplomatic mission in the United Kingdom.
In 1983 he left his employment at the Togo Embassy to take other work in this country. In January 1987 he went to Togo. On his return on April 14, 1987 he did not tell the immigration officer that he no longer worked in the diplomatic mission and he obtained leave to enter on the ground of being exempt from immigration control.
In September 1989, Mr Ketowoglo applied for leave to take up employment with a private employer in this country and to attend a college in order to study English.
On September 20, 1989, the Home Office, unaware of the circumstances in which he had returned to this country in April 1987, refused his application.
Mr Ketowoglo appealed and it was then discovered by the Home Office that he had left his employment at the Togo Embasssy on November 30, 1985 and that upon his return to this country in 1987 he had been working in a restaurant in Leicester Square.
At an interview on July 6, 1991 with the Home Office, Mr Ketowoglo, accompanied by Mr Jonathan Deve, a barrister, as legal adviser, admitted that on the occasion of his re-entry in April 1987 he had known that he was not entitled to enter on an exempt basis because he was no longer employed at a diplomatic mission. It was at...
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Kan Hung Cheung v The Director Of Immigration
...v Newham London Borough Council [2001] EWHC Admin 92 (15 February 2001) and Ketowoglo v Secretary of State for the Home Department [1992] Imm AR 268. 15. Materiality is not determined by asking if the judge had had before him the additional facts later disclosed would he have come to the sa......