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| UK Visa Refusal - General Grounds Deception |
General Grounds for Refusal - Deception
This pertains to consideration when an applicant applying for entry clearance has used deception in their application.This relates to general grounds for refusal under paragraph 320(7A) of the rules. For visitors, refuse under paragraph V 3.6 of Appendix V.
An application must be refused when an applicant has used deception in their current application, for example has:
- made false representations
- given false information
- submitted false documents
- not disclosed material facts
Entry clearance must be refused even if the applicant does not know that their representations or documents are false. Paragraph 320(7A) of the rules applies.
It should also be considered that whether it is appropriate to refuse the applicant under paragraph 320(11) when the applicant has ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules.’ For visitors, application is refused under paragraph V 3.8.
Standard of evidence
To refuse under paragraph 320(7A) the ECO must have positive evidence to prove that the applicant has lied or submitted a false document. The legal standard of proof is ‘balance of probabilities’, which means it is more likely than not that the applicant has made false representations or given forged documents. It is not appropriate to refuse under paragraph 320(7A) simply because the ECO is not satisfied that the applicant is telling the truth or because of mistakes in their application. For example, when an applicant has given an incorrect postcode or misspelt a name on their application form.To know more and discuss your refusal visit Expert Advice UK Visa & Immigration
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Please Note: General Information Seeking Inquiries are not entertained
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