The Home Office has issued new policy guidance on when it will refuse applications on the grounds of deception or dishonesty, i.e. where an applicant has made a false representation. The guidance follows a serious defeat in the Court of Appeal earlier this year. In Balajigari v Secretary of State for the Home Department  EWCA Civ 673, the Court of Appeal ruled that the Home Office had unlawfully refused a large number of applications because it had not given applicants the opportunity to respond to an allegation of deception or dishonesty.
One might have expected the Home Office to respond by adopting a generous approach to procedural fairness in this type of case. Instead, policy-makers have decided to adopt a narrow view of Balajigari ‘s application that will surely lead to yet more litigation.
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