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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> MC (ss 88: meaning of "a passport") Gambia [2008] UKAIT 00030 (09 April 2008) URL: https://www.bailii.org/uk/cases/UKIAT/2008/00030.html Cite as: [2008] UKAIT 30, [2008] UKAIT 00030 |
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MC (ss 88: meaning of "a passport") Gambia [2008] UKAIT 00030
ASYLUM AND IMMIGRATION TRIBUNAL
Date of hearing: 14 December 2007
Date Determination notified: 09 April 2008
Before
Immigration Judge Corke
Between
MC | APPELLANT |
and | |
THE ENTRY CLEARANCE OFFICER, BANJUL | RESPONDENT |
DETERMINATION AND REASONS
In relation to an application for entry clearance, "a passport" in s 88(3)(b) of the 2002 Act means a valid passport satisfactorily establishing the holder's identity.
"You have applied for entry clearance to the United Kingdom as a husband
BUT:
I am not satisfied, on the balance of probabilities, that you meet the requirements of paragraph 320(3) of the Immigration Rules, in particular:
- I am not satisfied that you have not failed to produce a valid national passport or other document that satisfactorily establishes your identity and nationality
Because
I have considered your application on the evidence you have provided. This includes your responses to the minimum 57 questions on the visa application form and the documents you have submitted, as well as any additional information provided by you in section 10 of the visa application form. The onus is on you, the applicant, to provide satisfactory information to evidence that you meet the requirements of the Immigration Rules.
Home Office records indicate that you applied for leave to remain in the UK outside of the Immigration Rules in 2004. At that time you did so under a different name, date of birth and nationality to the ones that you have now applied under. I cannot therefore be satisfied of your true identity and therefore I am not satisfied that you have provided a passport or other document that satisfactorily establishes your identity and nationality.
I therefore refuse your application.
Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002.
Your right to appeal is limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002" [that is to say that the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 or section 6 of the Human Rights Act 1998]."
(The reference to an application for leave to remain outside the Rules is unexplained. It is not very obviously a reference to an asylum application; but, for the purposes of this determination, we must assume that the information the Entry Clearance Officer had related to the asylum application described by the appellant).
"320. In addition to the grounds for refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:
Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
...
(3) failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality;
…".
"88. Ineligibility
(1) This section applies to an immigration decision of a kind referred to in section 82(2)(a), (b), (d) or (e). [The decision under appeal is a refusal of entry clearance within the meaning of section 82(2)(b).]
(2) A person may not appeal under section 82(1) against an immigration decision which is taken on the grounds that he or a person of whom he is a dependant –
…
(b) does not have an immigration document of a particular kind (or any immigration document)
…
(3) In subsection (2)(b) 'immigration document' means –
…
(b) a passport,
…
(d) a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.
(4) Subsection (2) does not prevent the bringing of an appeal on any or all of the grounds referred to in section 84(1)(b), (c) and (g).
"The following must produce to the Immigration Officer a valid passport or other identity document endorsed with a United Kingdom entry clearance issued to him for the purpose for which he seeks entry:
(i) a visa national;
(ii) any other person (other than British Nationals (Overseas), a British overseas territories citizen, a British Overseas citizen, A British protected person or a person who under the British Nationality Act 1981 is a British subject) who is seeking entry for a period exceeding six months or is seeking entry for a purpose for which prior entry clearance is required under these Rules.
Such a person will be refuse leave to enter if he has no such current entry clearance. Any other person who wishes to ascertain in advance whether he is eligible for admission to the United Kingdom may apply for the issue of an entry clearance."
C M G OCKELTON
DEPUTY PRESIDENT