Standard of Proof- UK Visa Refusal under 320(7B), V3.9

UK Visa Refusal on General Grounds- Standard of Proof

Paragraph 320(7B) of the Immigration Rules, V3.9 of Appendix V

This post explains the standard of evidence needed 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.

Evidence of the Previous Breach Required- Refusal under 320(7B)

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.

Applicant Unaware of the Previous Breach on 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.

False Documents- Written Confirmation of the Author

When a false document refers directly to the applicant (for example employment references, qualifications or financial details), the claim 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.

Earlier UK Visa Refusal Decision Overturned in an Appeal

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.

Reasons for UK Visa Refusals on Mandatory General Grounds and Appealing/Challenging a Refusal and 10 Year Ban Decision

If you like to know about Reasons for UK Visa Refusal on Mandatory General Grounds than may check out our post on Reasons for Refusing a UK Visa on Mandatory General Grounds.

If you have got a 10-year ban under paragraph 320(7A) or V 3.6 of Appendix V for visitors then you may need to consult an appropriate UK Visa Immigration Solicitor. For information you may read our posts: Judicial Review to Challenge UK Visa Refusals and Bans and Remedies for UK Visa Refusal- Reapply, Appeal, Judicial Review.

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Related Posts UK Visa and Immigration Refusal on General Grounds:

  1. Types of UK Visa Refusal on General Grounds
  2. Reasons for Refusing UK Visa on General Grounds Paragraph 320
  3. Purpose NOT Covered in the Rules
  4. Deportation Order, Conviction
  5. Deception- Paragraph 320(7A) and V3.6
  6. False Representations
  7. False Documents
  8. Material Facts Not Disclosed
  9. DER, DVR 320(7A-7B), V3.6-3.11
  10. EEA Family Permits
  11. Previous Breach of UK Immigration Rules
  12. Paragraph 320(7B) does not apply
  13. Removals 320(7D), AVR (V3.10)
  14. Working Holidaymakers- Working in Breach UK Visa Refusal 320(7B)
  15. Failure To Attend Interview- UK Visa Refusal on Rule 320(7D)

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Related Posts on UK Immigration Statistics and Refusal Rates:

  1. UK Visa Refusal Rate 2017 by Geographical Regions
  2. UK Visa Refusal Rate by Country 2017 | Middle East
  3. UK Visa Refusal Rate 2017 from South Asia
  4. UK Visa Applications from East Asia
  5. UK Visa Refusal Rate by Country 2017 South East Asia
  6. UK Visa Applications from North African Countries
  7. UK Visa Applications from Central and South American Countries
  8. UK Visa Applications from Europe
  9. UK Visa Applications from Sub-Saharan African Countries
  10. UK Visa Applications from Australia and New Zealand
  11. UK Visa Applications from Refugees and Stateless
  12. UK Visas Entry Clearance Statistics
  13. British Citizenship Refusal Rate
  14. Immigration Judicial Review Success Rate | Tier 1, Visitor Visa
  15. British Citizenship Reasons for Rejection
  16. Spouse Visa UK Success Rate | UK Settlement Statistics 2006-16
  17. UK Work Visa Statistics April-June 2017
  18. Tier 1 Visa Refusal Rate 2017- Extensions and Settlement Grants
  19. UK Entrepreneur Visa Success Rate
  20. Details of UK PBS Tier 1, Entrepreneur and Investor Visas Granted
  21. Tier 2 Visa Statistics April-June 2017
  22. UK Visa Refusal Rate from Pakistan and Reasons for Refusal
  23. UK Visa for Egyptian Nationals | UK Entry Clearance Grants 2017
  24. Visa for UK | UK Visa Refusal Rate During 2005-17

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Related Posts on UK Immigration Blog:

  1. Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
  2. Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
  3. Appeal Against Entry Clearance Refusal.
  4. File Immigration Appeal Against an In-Country Decision.
  5. Appeal Against an In-Country Decision from Outside the UK.
  6. UK Visa Appeal Solicitors | Immigration Appeal Success Rate.
  7. Appeal against First Tier Tribunal Decision.
  8. Judicial Review Procedure Immigration Cases.
  9. TOEIC Test Court Decision | In Country Right of Appeal.
  10. Right of Appeal Human Rights Claim Refusal.
  11. Rights of Appeal Immigration Act 2014.
  12. UK Visa Refusal Appeal or Reapply | Reapplying after Rejection.
  13. UK Immigration Appeal Process: Appealing Against UK Visa Refusal.
  14. UK Immigration Grounds of Appeal- Section 84 Immigration Act 2002.
  15. Notice of Appeal UK Visa and Immigration Refusal Decision.
  16. Appeal Against Immigration Decision: Immigration Appeal Solicitor.
  17. UK Visa Refusals: How to Challenge Decisions?.
  18. UK Visa Appeal Tribunal.
  19. UK Visa Judicial Review | How to Remove 10 Year Ban?.
  20. Appeal for UK Family Visit Visa Refusal Abolished on June 25, 2013
  21. Lodging an Immigration Appeal Online | UK Visa Appeal Solicitors.

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UK Visitor Visa, Immigration, ILR, Naturalisation and British Citizenship Fee:

  1. Home Office Fees 2018 | Immigration & Nationality Charges 2018/19
  2. UK Visa Fees 2018 from OUTSIDE the UK | Home Office Fees 2018/19
  3. UK Visa Fast Track Fees 2018/19 | Priority and Premium Visa Fees
  4. UK Visit Visa Fee from Pakistan 2018 | Price in Pakistani Rupees
  5. UK Visit Visa Fees in Indian Rupees 2018
  6. UK Visa Fees 2017 | Home Office Fees 2017/18 Premium Service
  7. UK Work Visa for Egyptian- UK Visa Fee 2017/18.
  8. UK Visa Fees from Lebanon 2017/18
  9. UK Visit Visa Fees from Iraq 2017/18
  10. UK Visa Fee Egypt 2017/18
  11. UK Visit Visa Fee from Pakistan 2017- Family, Tourist, Marriage
  12. UK Work Visa Fees for Pakistan 2017-18 in Pakistani Rupees
  13. UK Visa Fees in Indian Rupees 2017 | Standard Visitor Visa Fee
  14. UK Work Visa Fees for Pakistan 2016/17 in Pakistani Rupees
  15. UK Visit Visa Fee from Pakistan 2016/17
  16. Home Office Fees 2016/17 from Outside the UK

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Challenge Refusal Decisions: Immigration Appeals and Judicial Review

  1. Immigration Appeal UK | Tribunal Decisions | Success Rate 2010-18.
  2. Appeal a UK Visa Decision | UK Immigration Appeal Procedure.
  3. Appeal Against Entry Clearance Refusal.
  4. File Immigration Appeal Against an In-Country Decision.
  5. Appeal Against an In-Country Decision from Outside the UK.
  6. UK Visa Appeal Solicitors | Immigration Appeal Success Rate.
  7. Appeal against First Tier Tribunal Decision.
  8. Judicial Review Procedure Immigration Cases.
  9. TOEIC Test Court Decision | In Country Right of Appeal.
  10. Right of Appeal Human Rights Claim Refusal.
  11. Rights of Appeal Immigration Act 2014.
  12. UK Visa Refusal Appeal or Reapply | Reapplying after Rejection.
  13. UK Immigration Appeal Process: Appealing Against UK Visa Refusal.
  14. UK Immigration Grounds of Appeal- Section 84 Immigration Act 2002.
  15. Notice of Appeal UK Visa and Immigration Refusal Decision.
  16. Appeal Against Immigration Decision: Immigration Appeal Solicitor.
  17. UK Visa Refusals: How to Challenge Decisions?.
  18. UK Visa Appeal Tribunal.
  19. UK Visa Judicial Review | How to Remove 10 Year Ban?.
  20. Appeal for UK Family Visit Visa Refusal Abolished on June 25, 2013
  21. Lodging an Immigration Appeal Online | UK Visa Appeal Solicitors.

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