The recently reported case of Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416, raises the following issues in summary:
- Claimant’s duty of candour in judicial review proceedings;
- Whether only documents from “official” sources are acceptable in proving continuous long residence.
In essence, what Mr Khan did wrong in seeking to assert that he was entitled to indefinite leave to remain under the previous 14year long residence rule was that he :
- Put forward two different factual versions of his residence between 1998 and 2001; and
- In breach of his duty of candour in judicial review proceedings, failed to provide a witness statement explaining the discrepancy between a previous work permit application and subsequent leave to remain application in relation to the said period of residence.