UK Visa Refusal on General Grounds, Immigration Rules- Deception
This pertains to consideration when an applicant applying for entry clearance has used deception in their application. If it is proved that an applicant has used deception in his/her application that the application is refused under paragraph 320(7A) of the Immigration Rules. Likewise, a visit visa application is refused under paragraph V 3.6 of Appendix V. As explained at Types of UK Visa Refusals on General Grounds, prove of using deception in the application contracts a Refusal on Mandatory General Grounds.
Refusal due to False Representations, Information, Documents
An application is always refused when an applicant has used deception in his/her application, for example, has:
- made false representations;
- given false information;
- submitted false documents;
- not disclosed material facts;
Entry clearance is refused even if the applicant does not know that their representations or documents are false. Paragraph 320(7A) of the rules applies.
Refusal under 320(11) and V 3.8 of Appendix V, Immigration Rules
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, an application is refused under paragraph V 3.8.
Standard of Evidence- Availability of Positive 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. Therefore, availability of a positive evidence is a prerequisite for the applicability of paragraph 320(7A) of the Immigration Rules.
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.
Related: Judicial Review to Challenge UK Visa Refusals and Bans, Types of UK Visa Refusal on General Grounds, Reasons for Refusing a UK Visa on Mandatory General Grounds, Refusal on General Grounds- Purpose NOT Covered in the Rules