JUDGE LINDSLEY: This is an application for judicial review by Mr Ali Ahmed Agha. The decision under challenge is that of the Entry Clearance Officer in Abu Dhabi who refused a visit visa on 6 th September 2015. A pre-action Protocol letter was sent on 5 th November 2015 and the respondent replied on 23 rd November 2015 maintaining the original decision to refuse the visit visa. Judicial review proceedings were commenced in time on 4 th December 2015 and an acknowledgement of service was filed on 19 th January 2016.

2.Permission for judicial review was initially refused on the papers by Upper Tribunal Judge Perkins in a decision dated 27 th January 2016 but then granted after an oral hearing on 19 th April 2016 by Upper Tribunal Judge McGeachy on the basis that there was a lack of information that the entry stamp was forged which arguably meant that the decision was unlawful.

3.Upper Tribunal Judge Kekić extended time for the respondent to supply detailed grounds of defence until 8 th July 2016 and on this date the respondent provided these and a bundle. The applicant provided a skeleton argument on 15 th December 2016 and a bundle on 23 rd December 2016 for the full judicial review hearing. On 23 rd December 2016 the respondent supplied a schedule of costs to the Tribunal and the applicant, and today the applicant provided a schedule to the respondent and the Tribunal.

  • Case Charge

    Mr D Sills, instructed by Lawise Solicitors appeared on behalf of the Applicant. Ms N Parsons, instructed by the Government Legal Department appeared on behalf of the Respondent.

  • The Verdict

    For a document to be a false document under the Immigration Rules there must have been an element of dishonesty in its creation and if this is not immediately obvious in a case of an inaccurate document then that element must be engaged with in any refusal.