IA025552016

The Secretary of State appeals against the decision of First-tier Tribunal Judge Jones promulgated on 26 February 2018, in which Mr Kanoojiya's appeal against the decision to refuse his application for leave to remain as a Tier 4 student dated 2 November 2016 was allowed. For ease I continue to refer to the parties as they were before the First-tier Tribunal, with Mr Kanoojiya as the Appellant and the Secretary of State as the Respondent.

I found an error of law in Judge Jones' decision promulgated on 26 February 2018 following the first hearing of this appeal on 30 July 2018. The background to this appeal is set out in the error of law decision contained in the annex and will not be repeated here save where reference to the background facts is needed. This decision is the re-making of the appeal.

"Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1A) Where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application."

This paragraph contains two separate possibilities, one of false representations (for which dishonesty by the applicant is required) and one of false documents (something which tells a lie about itself). The distinction between the two is summarised by the Court of Appeal in Sumon Chanda v Secretary of State for the Home Department [2018] EWCA Civ 2424 in the following paragraphs: