Immigration Fraud is Allowed for Social Housing

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Immigration Fraud is Allowed for Social Housing

Postby Nick » Thu Mar 28, 2013 7:45 am

It's only a matter of time before this story appears in the Daily Mail .....

Ms Chishimba approached the authority for assistance under Part 7. When asked about her immigraiton status she supplied the authority with a British passport. The passport was, however, a counterfeit and Ms Chishimba was not eligible for assistance.

Subsequently, however, the UK Border Agency discovered that Ms Chishimba had been using the counterfeit passport and notified the authority. On being made aware of this, the authority decided that Ms Chishimba was not eligible for assistance, told her that the duty under s.193(2) had ceased and served her with a notice to quit determining her tenancy. She was subsequently evicted.

Ms Chishimba was granted three years leave to remain in the UK and she became eligible for assistance under Part 7. She re-approached the authority for such assistance.

The authority decided, however, that she had become intentionally homeless; Ms Chishimba had, by using the counterfeit passport, committed a deliberate act, in the absence of good faith, which had resulted in her losing her non-secure tenancy, which had been available for her occupation and which was reasonable to continue to occupy. Ms Chishimba appealed to the county court and her appeal was rejected.

On a second appeal, the Court of Appeal allowed Ms Chishimba’s appeal. The cause of Ms Chishimba’s homelessness was the authority’s discovery that she had obtained the property fraudulently. The authority was not entitled to take into account acts that occurred prior to Ms Chishimba obtaining her accommodation, i.e. it could not take into account the use of the passport to obtain the accommodation.

Who says crime doesn’t pay?
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