URGENT: Refused under Paragraph 320(7A) BUT Am innocent

[PalGuy]

I applied for Tier 4 (General Student Visa) : Appendix 8 General Student self assessment form, where my parent (Dad) is my sponsor because I don’t have a bank account since he promised me to be responsible for all my expenses while am a resident as a student in the U.K., and when I told him that they need a bank statement from HIS bank account, he told me, that he will bring a copy as soon as possible, showing his name, and his bank transactions.

after nearly two weeks, I was shocked when they told me that your Visa application was refused due to "FALSE BANK STATEMENTS", I had a trauma, because of this, when I told my dad, that your bank statement (WHICH IS HOLDING HIS NAME NOT MINE) is false, he admitted (after a long argument and denial) that YES they are false documents, but I swear to god, that when I received his bank statements -which I repeat holding his name as a (Guardian)- I DIDN’T KNOW THAT THEY WERE FALSE, so I have some Questions for you:

1) shall I will be banned from Entry to the U.K for 10 years? Seriously if so, I will may commit suicide

2) Do I have the right to appeal, or at least to send them an apology, clarifying that I didn’t know that My dad's Bank statements are false!!

3) I will reapply, but the next year, to manage the expenses within a year with my own account, so can I re-apply WITH A VALID BANK STATEMENT HOLDING MY NAME, or they will refuse it due to my dad's guilt, which was attached to my application?

4) If I reapply after a year, can they understand my circumstances before one year, when I will tell them that my previous visa application was refused due to my dad's mistake, not mine, or it will be automatically refused, and come under paragraph 320 7B, which states that I cant enter the UK for 10 years !!!

5) is there a hope, or shall I dont bother my self !!


Please answer me, am in totally fear and hopelessness


By the way, here you are my visa refusal letter:

[MPH80]

It would appear an automatic 10 year ban would now be in force:

If an applicant falls to be refused under 320(7B), applications must be refused for the following periods:
<snip>
* 10 years if they practised deception (which includes using false documentation) in support of a previous visa application.

http://www.ukvisas.gov.uk/en/ecg/refusa ... onoffender

http://www.ukvisas.gov.uk/en/ecg/refusa ... pplication

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

(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.

The only thing I found that offers any hope about 320 7A is:

http://www.gherson.com/News/mandatory-r ... eeded.aspx

In the light of the minister's clarification it was impossible to conclude that "false" in "false representations" had the morally neutral meaning of "incorrect".

But even this has this caveat:

Instead dishonesty or deception was needed, although this need not be deception or dishonesty perpetrated by the applicant himself or herself, for "false representation to be a ground for mandatory refusal.

Indeed - there was someone on the UK Border Force programme the other night (a repeat of course!) showing him being refused because of previous false documentation that he claimed he didn't know was false (and was provided by the travel agency apparently).

So to answer your questions:

1) As far as I can tell - yes because there was deception - but don't commit suicide - the UK isn't worth it (really - it's not!)

2) You can ask for the review - but as you can see above - even if you didn't know the documents were false you *must* be refused if they are. So they have conducted the application according to the rules.

I don't know if you can appeal. But given your father apparently can't support you adequately in the UK (if he could - he would have provided real bank statements) I doubt a full appeal will be succesful.

3) If there is a 10 year ban in place - then it's too late.

4) See above

5) From what I can see - it's not worth the hassle.

I'd suggest you take competant legal advice on this as I'm not qualified - but just looking up references online.

M.

[PalGuy]

Dear M,

Really thank you so much for your help and support, believe me am a 27 years old, I live in Gaza, and since I was 16 years, my biggest wish, is to obtain my MA from the UK, that’s why I will die from sadness !!.

But, you said:

Indeed - there was someone on the UK Border Force programme the other night (a repeat of course!) showing him being refused because of previous false documentation that he claimed he didn't know was false (and was provided by the travel agency apparently).

I didn’t get it, did they excuse him and gave him the Visa eventually or NOT?

The other thing, are you telling me, not to bother my self, and reapply for a visa next year, with a valid bank statements, that holding my name, not my Dad's

[MPH80]

I didn’t get it, did they excuse him and gave him the Visa eventually or NOT?

Hi - no - they refused the visa because of that. As it happens - given the country he was in - he was then handed over to police for committing fraud.

The other thing, are you telling me, not to bother my self, and reapply for a visa next year, with a valid bank statements, that holding my name, not my Dad's

I'm saying that, IF a 10 year ban is in place, and it looks like it is, then I wouldn't bother applying at all.

As I advised above - get some competant legal advice - and if they advise an appeal ask on what grounds because there are legal advisors out there who will offer all sorts of hope when there isn't solid ground for it.

M.

[vinny]

Make plans to study outside the UK, for the next 10 years.

[PalGuy]

Thanks Guys for every thing, but as I said, studying Journalism in the UK, is my ultimate dream, and it seems that my dad, has killed me (metaphorically) !!


M : thanks for your reviews deeply to the issue !
V: thanks for the Advise....like ur signature

[JMsoo]

Dear M,

Really thank you so much for your help and support, believe me am a 27 years old, I live in Gaza, and since I was 16 years, my biggest wish, is to obtain my MA from the UK, that’s why I will die from sadness !!.

But, you said:

Indeed - there was someone on the UK Border Force programme the other night (a repeat of course!) showing him being refused because of previous false documentation that he claimed he didn't know was false (and was provided by the travel agency apparently).

I didn’t get it, did they excuse him and gave him the Visa eventually or NOT?

The other thing, are you telling me, not to bother my self, and reapply for a visa next year, with a valid bank statements, that holding my name, not my Dad's

Keep up my friend you can still try other countries in the EU if this is your wish than keep up! one door is close another one will open as long you stand up! good luck!

[PalGuy]

serioulsy, do u know some good shcools in Europe for MA Journalism, but in ENGLISH PLZ

[Li01]

Hello.
I want to know what you did. Hopefully you did not comit suicide
BTW, I am having a case very similar to yours, yes, now in 2014.
Nevertheless, I found some information that I think will help me and I think that might have helped you in your previous issue:

**********************************************************************
26.17.7 Refusals under 320(7B) where false documents or false representations were used in a previous application:

If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.
Unless the applicant can prove this, they must be automatically refused under paragraph 320(7B) for 10 years from the date deception was used. Where the documents relate directly to the applicant (e.g employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (eg written confirmation from a financial institution that they had previously supplied us with incorrect information).


Refusal process for refusals under Paragraph 320(7A) [Updated 9 July 2008]
[...]

In such cases, the refusal will still stand but the applicant will not automatically have any future applications refused when the new rule Paragraph 320(7B) is introduced on 1 April 2008.
It is for the applicant to show that he did not know that a document was false. This will be particularly difficult if the document is from the applicant himself e.g. their degree certificate or bank statement, as applicants will be expected to know if they have a degree and what funds are in their bank account.
***************************************************************

The two phrases in bold suggest me that you could have told your dad to write a letter in which he acknowledged that it was his fault not yours and that you were not aware of that. A good thing is that the document was not showing your financial conditions but his.

The same thing happened to me but my dad was slightly less guilty than yours haha. He was just ignorant of some things, so I think I will try this when I re-apply. For now, I have the 320 (7a) But hopefully wont get the 7b if I do what I told you.

I don't see any other possibility.

Greetings from Colombia.

[Frontier Mole]

A false document is a false document. An apology from you Dad is not going to make the slightest bit of a difference.
Your reading of the rules is incorrect, the letter that is required is not from your Dad but from thr financial institute.stating the institute made an error.
Your administrative review will take about 10 minutes to uphold the refusal.