R v Secretary of State for the Home Department ex p Khawaja [1984]

  • Created by: channyx
  • Created on: 20-03-20 19:36

Where it is alleged that a person is an illegal entrant the court has a duty to enquire into the evidence to ascertain whether it is sufficient to justify the belief of the immigration officer. The burden of proof in such cases is on the immigration authorities, but the standard is that of the balance of probabilities; further, there is no duty of candour on a prospective immigrant, although silence in the face of questions may amount to fraud on his part.

Per curiam: the decision on these appeals should not be taken as authorising immigrants to demand the attendance for cross-examination of those who swore affidavits. Between K1 being interviewed by the clearing officer and the grant of any entry certificate in his favour he had, unknown to the immigration authorities, married.



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