UK Visa Refusal on General Grounds: Standard of Proof

UK Visa Refusal on General Grounds - Standard of Proof

General Grounds for Refusal: Standard of Proof

This post explains the standard of evidence needed when an application for entry clearance is refused on general grounds under paragraph 320(7B) of the rules. For visitors refusal under paragraphs V 3.9 of Appendix V.

When it is checked whether an applicant has breached a condition attached to their leave, the relevant guidance and Immigration Rules must be reviewed for that entry clearance category.

To refuse under paragraph 320(7B), the ECO must have good evidence that the applicant has previously breached the UK immigration law. The legal standard of proof required is ‘balance of probabilities’. This means that it is more likely than not that they have breached UK immigration law.

Deception

When an applicant has previously breached immigration law by using deception, they may claim that they were unaware that the document or information they gave was false. Unless the applicant can prove this, the application must be refused.

When a false document refers directly to the applicant (for example employment references, qualifications or financial details), the claimed should not be accepted unless the applicant can give clear evidence that an error has been made. This could be written confirmation from the author of the document to confirm that they had previously supplied us with incorrect information. If the applicant cannot give such proof, it could be assumed that the officer who took the decision used the correct burden and standard of proof, unless the decision was later overturned at appeal.

Examples of when it could be assumed that the officer used the correct standard of proof for establishing deception:

• the Home Office holds an electronic copy of the refusal notice only – the applicant was refused for failing to meet the needs of their immigration category but the notice mentioned that they had used false documents
• the Home Office holds an electronic copy of the refusal notice only – the applicant was refused under 320(7A), 320(11) or other deception rules
• the Home Office holds an electronic copy of the refusal notice which makes reference to deception and the false documents or relevant papers

In cases where the earlier decision was overturned on appeal, it must be looked at the determination to see if it overturned the finding that deception was used. If it did, then paragraph 320(7B) to future applications must not be applied. If the determination is not available, then the applicant must be given the benefit of the doubt and assume that the decision on this point was overturned.

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