OA211242013

This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Afako promulgated 10.10.14, allowing the claimant�s appeal against the decision of the Secretary of State to curtail his leave to remain in the United Kingdom. The Judge heard the appeal on 17.9.14.

The immigration officer concluded that in the light of the claimant�s attempts to conceal the true length of his previous stays he had not come to the UK on this occasion for the purpose and period claimed, but rather to reside in the UK and that he had used deception. Thus his leave was cancelled.

In summary, Judge Afako concluded that the cancellation of leave must have been pursuant to paragraph 321A(2) and thus the false representations or failure to disclose material facts had to be �in relation to the application for leave..� At �8 the judge considered that the false representations, etc., relied on by the immigration officer only emerged after the decision to cancel leave and were thus irrelevant to the making of the decision and not within the terms of paragraph 321A(2).

The judge also considered, but discounted as not applicable, paragraph 321A(1), �such change in the circumstances of that person�s case since the leave was given, that it should be cancelled.�

Further, the judge regarded the cancellation of leave as not having been sanctioned by a Chief Immigration Officer or Immigration Inspector, as stated in paragraph 10 of the Immigration Rules, which states that the power is not to be exercised by an Immigration Officer acting alone. �The authority of a Chief Immigration Officer or of an Immigration Inspector must always be obtained.�