General visitor visa of mother refused under 320(7A)

Hi my mother has been refused for visit visa under paragraph 320 (7a) we appealed and they got clear that it wasnt our fault and declared her innocent. Now after 2 years my mother applied again and she got refused under paragraph 320 (7b). Is there anything i can do now?

Without any personal information, please post the refusal text.

The Decision You were refused entry clearance for using deception on 16/5/2012 ABDH*number* refers) for supplying a non genuine solicitor letter 1 note that you appealed your original refusal which was upheld at tribunal, but this decision was then appealed by us leading to a further hearing at the Upper Tribunal. You have provided the determination from the Upper Tribunal hearing and am satisfied that the general grounds of refusal element of your refusal has been upheld I am therefore refusing you entry clearance under paragraph 320(7B) of the Immigration Rules. Any future applications will also be automatically refused for the same reason, under paragraph 3207B) of the Immigration Rules until 1615/2022

i dont know what to do. please help

Hi my mother has been refused for visit visa under paragraph 320 (7a) we appealed and they got clear that it wasnt our fault and declared her innocent. Now after 2 years my mother applied again and she got refused under paragraph 320 (7b). Is there anything i can do now?

Their statement:

The Decision You were refused entry clearance for using deception on 16/5/2012 ABDH*number* refers) for supplying a non genuine solicitor letter 1 note that you appealed your original refusal which was upheld at tribunal, but this decision was then appealed by us leading to a further hearing at the Upper Tribunal. You have provided the determination from the Upper Tribunal hearing and am satisfied that the general grounds of refusal element of your refusal has been upheld I am therefore refusing you entry clearance under paragraph 320(7B) of the Immigration Rules. Any future applications will also be automatically refused for the same reason, under paragraph 3207B) of the Immigration Rules until 1615/2022

i dont know what to do. please help

Was a false letter submitted?

Can you please stop posting a new post in so many other peoples threads across all the forums.

http://www.immigrationboards.com/announ ... t5722.html

What was the decision of the Upper Tribunal? If her refusal was upheld by the Upper Tribunal, then they did not agree that she was innocent.

when my mother applied in 2012 she got her documents ready from some agent in pakistan. he asked for any old documents from my mother and my mother handed him all. that agent placed some old copy of sponsorship letter and changed the date or something. but my mother was completely unaware of it as she doesnt understand english much and i was here in UK all helpless. anyway her visa in 2012 got rejected under paragraph 320 (7A)
we made appeal and our appeal got approved but higher court appealed again against us. and that time we made all our points clear again but they refused. but in the refusal letter they agreed that my mother was unaware and innocent but they cant give us visa and we have to apply again

now after 2 years my mother applied again. this time i filled all the forms and submitted online..made sure everything is ok and complete. and i was 100% sure they will give my mother visa but they refused her under paragraph 320 (7b) and banned her until 2012

also my mother is a widow and they think she might come here and settle. whereas my mother showed the documents of our business which is in pakistan. our business is since 1947 very well known. my 2 brothers and a sister is there. why would she leave her luxurious life and come and stay in uk forever.
i just dont know what else we can provide them. we gave them every single thing we could.
i just wanted my mother to come and visit me. shes been to UK 3 times in the past. but ever since i have got married shes not been here
i had a baby in 2012 and really wanted her to come but uk home office always make me sad on my every happy moments in my life

sorry i didnt know how this site works. i thought i had to get help from different ppl. sorry about that

You said after the appeal that your mother got cleared from previous refusal but Tribunal appealed against an appeal? This does not sound right. She's either cleared from previous refusal or not.

If her previous refusal was not cleared, then anything you do until 2022 will be refused. Sorry.

Have you by any chance the full text decision of the previous appeal which states that she had been cleared?

Majjaw wrote:]that agent placed some old copy of sponsorship letter and changed the date or something. but my mother was completely unaware of it as she doesnt understand english

320 wrote:(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application

Unfortunately, the agent's actions were not interpreted as innocent mistakes. It may be helpful if you posted the determination of the Upper Tribunal.

Hi,

Just to summarize, when they were initially refused, the appeal to the First-tier tribunal succeeded to which the Home Office appealed and was then taken to the Upper Court Tribunal. Below is the exact word for word decision given by the upper court tribunal was:

In these circumstances I find that it was not open to the First-tier Tribunal, on that accepted findings of fact, to have come to any other conclusion other than that paragraph 320(7A) of the immigration Rules was to be invoked as against both claimants.

For the reasons I have given above I set aside the determination of the First-tier Tribunal and re-make the decision dismissing the claimant's appeals. The ECO's decisions were in accordance with the immigration rules.

I reiterate once again that the claimants had no knowledge of any deception and have not themselves acted dishonestly. Nevertheless, on a lawful application of the Rules the claimants cannot succeed in this appeal.

Unfortunately, the Upper Tribunal upheld that the refusal under 320(7A) was correct. Therefore, a refusal under 320(7B) is mandatory for 10 years, unless exempted.

I don't understand. They agreed that applicant was unaware and still they give 10yrs ban. How on earth does it make sense
10yrs is not a short time. Is there anything i can do? Any possible way?
Thanks a lot for replying

Also, on the government site it clearly states this:

In addition you must not refuse an applicant under 320(7B) if:

false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false;

Yes! You are correct. This guidance is also repeated in their Modernised Guidance. The Upper Tribunal had accepted the proof that your parents were unaware of the agent's false documents. Therefore, they should not have refused under 320(7B).

You should point their guidance out to the ECO or ECM.

This is where the confusion lies. These important points were highlighted on the tribunal script that was handed in with the application. Obviously the right to appeal has not been given either as they've refused under 3207b. What options do we have now? What can we do from here?

How can i contact ECO or ECM?

Do you have any contact details from the refusal?

Contact the ECO or ECM for a reconsideration, or reapply for the visa.

Point out that the Upper Tribunal had clearly determined that your parents were unaware of the deception. Therefore, given (the quote from) their own Guidance, advise them that they must not refuse under 320(7B).

I don't think any contact details have been provided for ECO or ECM. I'll check and see. Thanks for your help. Appreciate it.