Payne Hicks Beach
8 Experts
2 Contributions by Payne Hicks Beach Experts
PRACTICE NOTES
Practice Note
This Practice Note outlines, in table form, the principal potential consequences of deception through omission or non-disclosure of relevant facts, as set out in the suitability grounds for refusal in the Immigration Rules and in statute. It addresses deception by omission or failure to reveal relevant facts in the following contexts:
when applying for entry clearance, permission to enter, or permission to stay; and
where an individual already has permission but, during examination by an Immigration Officer on entry, does not disclose a material fact (for example, a change of circumstances or purpose).
It should be read alongside Practice Note: Duty of disclosure in immigration applications and interviews. Although Part Suitability of the Immigration Rules applies to the majority of routes, there are limited exceptions where it does not apply to certain parts or appendices, whether wholly or in part. The scope of
Immigration
PRACTICE NOTES
The courts of equity have a well-recognised jurisdiction to grant relief against the consequences of mistakes and ambiguities in a variety of contexts relating to trusts.
Such matters seldom involve adversarial contention. Ordinarily, petitions for this kind of relief amount to ‘friendly litigation’, with participants collaborating to resolve the difficulty through the court process. A shadow claim in professional negligence can sit in the background, quite often against an adviser whose guidance, or omission of it, produced the error. In those circumstances, professional indemnity insurers often meet the cost of the application, providing the necessary funding. When uncertainty or an error emerges, the initial task is to identify the character of the problem so as to determine the available remedy in principle. Does it concern the wording of an instrument, or the legal effect of that instrument or a broader
Private Client
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