Fraud Asserted On Previous Application.

Problem

A scientist attended the Public Enquiry Office to be told that he had had committed a fraud on his previous application and for that reason his application for settlement was declined. A postal application was lodged, and after a delay was refused on the grounds that the fraud had been committed in an application submitted several years previously, the only time when our client had relied upon an agent for the preparation of his applications to the Home Office.

Strategy

We lodged an appeal, and from the Home Office received a bundle of documents which included a selection of application forms unsigned.

At the same time we obtained a copy of our client’s file under the Data Protection Act, and received a second series of application forms, this time signed.

We obtained a Direction to permit the inspection of the original application forms on which the fraud was asserted.

We obtained original signatures from our client covering an eight year period, including the time when the fraud was asserted.

We submitted both the original application forms and the copies of the documents for a Forensic examination to identify whether our client could have produced the signatures claimed, or attempted to have disguised his own signature. The conclusion was that the signatures could not have been produced by our client.

We combined this with evidence to demonstrate that our client could not have resided at the address cited on the form, nor relied upon the Immigration status claimed in his application.

Solution

On Appeal the Immigration Judge concluded that our client was an innocent party to a fraud perpetuated on him and the Home Office by the agent. Appeal allowed.