Li v Secretary of State for the Home Department

Immigration – Entry clearance. For the purposes of para 320(7B)(d) of the Immigration Rules, submitting a false document would only be deception if the applicant submitted the document knowing that it was false and the Upper Tribunal (Immigration and Asylum Chamber) had erred in its conclusion that it did not matter if it had been the dishonesty of the applicant or a third party. However, the Court of Appeal, Civil Division, held that it had been patently open to the Secretary of State to conclude, on the balance of probabilities, that the appellant had knowingly submitted false documents.

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