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.