False representations etc, deception and challenging grounds for refusal

Produced in partnership with Rajiv Sharma of The 36 Group
Practice notes

False representations etc, deception and challenging grounds for refusal

Produced in partnership with Rajiv Sharma of The 36 Group

Practice notes
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This Practice Note looks at the common grounds for refusal and cancellation in the Immigration Rules, Part 9 which cover false representations, false information, false documents, relevant Non-disclosure, and the linked ground of Deception. It also provides practical tips on challenging any refusal made under the grounds for refusal. See: Grounds for refusal and re-entry bans—overview for details of the significant general revision to Immigration Rules, Part 9 brought in by Statement of Changes in Immigration Rules HC 813, which apply to applications submitted on or after 1 December 2020. For details of the rules (and relevant case law) on deception that apply to applications submitted before that date, please see the previous version of this Practice Note: Deception and challenging General grounds for refusal, which can be accessed at the right hand column link.

Note that Immigration Rules, Part 9 does not apply to all parts of appendices of the Immigration Rules, whether in whole, or in part. Details of the application of the Part are set out in Immigration

Rajiv Sharma
Rajiv Sharma

Rajiv is a Barrister who specialises in Immigration, Asylum and Administrative Law with a particular emphasis on Human Rights. Rajiv regularly appears before both tiers of the Tribunal system as well as the Administrative Court and the Court of Appeal. Notable Cases: Alladin, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1334

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Jurisdiction(s):
United Kingdom
Key definition:
Deception definition
What does Deception mean?

For the purposes of the offence of obtaining property by deception under the theft Act 1968, s 15, 'deception' means any deception, whether deliberate or reckless, by words or conduct as to fact or law, including a deception as to the present intentions of the person using the deception or any other person.

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