refused by paragraph 320(7A)

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refused by paragraph 320(7A)

Postby supermannum1 » Sat Aug 18, 2012 8:09 am

Hi,

I was in UK for 9 years and they refused my visa on 2009 and I left UK on 2011 Aug.

Now I am applying visa again on 2012 July and they provided me with 2 refusal under
1. 320(7A)
2. 320(7B)

I understand about 320(7B), that UKBA already explained I cannot apply visa within a year. So, when I applied visa, which is not reach a year yet.

But I described in the application form that I was granted visa in 2009. Which I made mistake and they pointed out with 320(7A) and no appeal for that. And which is saying "Appeal is limited to the grounds referred to in section 84(1)(c)". I dont think I can appeal.

Anyway, can you tell how long do I have to wait to apply the visa, if I got
320(7A)???

I know 320(7B) is a year to wait. So I can apply visa after 13 Aug 2012.
But I got 320(7A) now.

Please advice?

Thanks
supermannum1
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Postby Greenie » Sat Aug 18, 2012 8:21 am

Assuming that the eco has said you made false representations in your application, you will now be banned for 10 years.
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Postby supermannum1 » Sun Aug 19, 2012 2:43 pm

10 Years? I provided all the relevant documents to them. But Only mistake is to put "Refused" instead of "Granted." Anyway I am making another one again in Sep 2012. Will inform here.
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Postby supermannum1 » Sun Aug 19, 2012 3:06 pm

Greenie wrote:Assuming that the eco has said you made false representations in your application, you will now be banned for 10 years.


Hi,

I copy below sentence which was from refusal letter.
"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 320 (7b) of the immigration rules until one year after you left the UK(13th Aug 2011)."

Is that gone to 10 Years?

Please advice
supermannum1
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Postby Greenie » Sun Aug 19, 2012 3:20 pm

supermannum1 wrote:
Greenie wrote:Assuming that the eco has said you made false representations in your application, you will now be banned for 10 years.


Hi,

I copy below sentence which was from refusal letter.
"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 320 (7b) of the immigration rules until one year after you left the UK(13th Aug 2011)."

Is that gone to 10 Years?

Please advice


you said you were refused under para 320(7A). What did they say in that respect - quote the relevent section of the refusal.
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Postby supermannum1 » Mon Aug 20, 2012 2:56 am

Greenie wrote:you said you were refused under para 320(7A). What did they say in that respect - quote the relevent section of the refusal.


Below paragraph is from my refusal letter for 320 (7A).
...
...
Furthermore it it noted from our records that you had been refused further leave to remain as a student in 2009, but you have declared on your visa application form that you had been granted a student extension by the HO, you have therefore failed to disclose material facts that are relevant to your current visa application. As material facts were not disclosed in relation to your application, it is refused under Paragraph 320 (7A) of the immigration rules.
..........
.........

Is that gonna be 10 years? I did not provide any false documents. This is just mistake.

this is HO paragraph
..
..
(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
..
..

Please advice?
supermannum1
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Joined: Tue Sep 01, 2009 9:21 pm

Postby Greenie » Mon Aug 20, 2012 5:19 pm

See 320(7B)(ii)

if the eco considers that you deliberately withheld the material information then future applications will be refused for 10 years.
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Postby Deviser » Mon Aug 20, 2012 6:17 pm

supermannum1 wrote:...
Furthermore it it noted from our records that you had been refused further leave to remain as a student in 2009, but you have declared on your visa application form that you had been granted a student extension by the HO, you have therefore failed to disclose material facts that are relevant to your current visa application. As material facts were not disclosed in relation to your application, it is refused under Paragraph 320 (7A) of the immigration rules.
..........
.........

Is that gonna be 10 years? I did not provide any false documents. This is just mistake.

this is HO paragraph
..
..
(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
..
..

Please advice?


As per above information provided, unfortunately, according to law, there is no doubt that you cannot make further application till next 10 years.

Whatever you are saying may be right, but you have failed to disclose material facts that are relevant to your current visa application either delibrately or by mistake, result is 320(7A) which is 10 years ban. Plus its a mistake where no third party is involved. So its also difficult to deal with any appeal. You need read the declaration which you signed with your application.
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Postby Greenie » Mon Aug 20, 2012 6:25 pm

In fact a genuine mistake should not be treated as deception as there has to be dishonesty on the part of the applicant or someone acting on his behalf. The problem will be proving it was a genuine mistake.

See
http://www.bailii.org/uk/cases/UKUT/IAC ... istan.html
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