Immigration and Asylum Act 1999

112Recovery of expenditure on support: misrepresentation etc

This section has no associated Explanatory Notes

(1)This section applies if, on an application made by the Secretary of State, the court determines that—

(a)a person (“A”) has misrepresented or failed to disclose a material fact (whether fraudulently or otherwise); and

(b)as a consequence of the misrepresentation or failure, support has been provided under section 95 or 98 (whether or not to A).

(2)If the support was provided by the Secretary of State, the court may order A to pay to the Secretary of State an amount representing the monetary value of the support which would not have been provided but for A’s misrepresentation or failure.

(3)If the support was provided by another person (“B”) in accordance with arrangements made with the Secretary of State under section 95 or 98, the court may order A to pay to the Secretary of State an amount representing the payment to B which would not have been made but for A’s misrepresentation or failure.

(4)“Court” means a county court or, in Scotland, the sheriff.