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Application Refusal Under Paragraph 320(7A)

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adedolaseun01
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Application Refusal Under Paragraph 320(7A)

Post by adedolaseun01 » Mon Sep 27, 2010 1:14 pm

I was refused a 2 years visa renewal under paragraph 320(7A), and at the same time doesn't have a full right to appeal. Does that means I can't apply for a visa on another category again? To me there is no difference between 320(7A) and 320(7B) since I do not have a full right to appeal. But I need an enlightenment...Please advice. I'm looking forward t hearing from you guys.. thanks..

geriatrix
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Post by geriatrix » Mon Sep 27, 2010 3:25 pm

You say renewal (which is applied for from inside the UK) but 320(7A) applies to entry clearance applications (from outside UK)!

What did you apply for? From where? And please post what the refusal letter states.


regards

adedolaseun01
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Post by adedolaseun01 » Mon Sep 27, 2010 7:14 pm

sushdmehta wrote:You say renewal (which is applied for from inside the UK) but 320(7A) applies to entry clearance applications (from outside UK)!

What did you apply for? From where? And please post what the refusal letter states.


regards
Yes. It was a renewal. I had been to the UK on a 6 months business visit visa, however, I tried renew my visa outside the UK at my local national british embassy for a 2 years business visit visa but unfortunately is was refused. See below for the reason.

=========================
The Decision

I am aware that you have previously travelled to the United Kingdom and that it appears that you complied with time limits attached to your stay whilst there. Whilst this is in favour of the application, I have also noted the following:

* You made your visa application at our Visa Application Centre through our commercial partner, VFS. All our Visa Application Centers have notices clearly stating that visa applications containing false representations or false documents will be refused. A falso document includes:

* a genuine document which has been altered or tampered with;
* a counterfeit document (one that is completely false);
* a genuine document which is being used by an impostor;
* a genuine document which has been fraudulently obtained or issued;
* a genuine document which contains a falsified or counterfiet visa endorsement.

You have submitted a bank statement purportedly issued by the Guaranty Trust in support of this application. I am satisfied, to a high degree of probability, that this document is a falso because the issuing body Guaranty Bank has confirmed to this office on 25th May 2010 that this document was not issued by them and that this account does not exist.

Further details are contained in the document verification report, which is held on file.

I therefore refused your application under paragraph 320(7A) of HC395 as quoted in the relevant immigration rules paragraph of this notice above.

Submission of false documents undermines your credibility to the extent that I am not satisfied that you are being truthful about the purpose and duration of your proposed period of study to the UK. I am not therefore satisfied that your applications meets the requirements of paragraph 41 or 56K of the immigration rules.

As noted, the bank statement provided has been found to be false document. You have not shown any additional funds, Therefore, on the balance of probabilities, I am not satisfied that you can support and accomodate yourself in the UK and meet the cost of an onward journey from the UK as required by paragraph 56K (iii), (vii) and (iii) of HC395.

You should note that because this application for entry clearance that has been refused under paragraph 320(7A) of the immigration rules, any future applications may also be refused under paragraph 320(7B) of the immigration rules, (subject to the requirements set out in paragraph 320(7C)).

A refusal under paragraph 320(7B) of the immigration rules attracts an automatic refusal period of up to 10 years. The period starts from the date of the previous event in which the deceptions or submission of falsified documents or information was employed.
______________________________________________________________________________________________________________________

Your right to appeal

Your application does not attract a full right of appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002. Your right to appeal is limited to any or all of the grounds referred to in section 84(1) b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely:

b) the decision is unlawful by virtue section 19B of the Race Relations Act 1976 (c. 74) (discrimination by public authorities);

c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant's Convention rights.

______________________________________________________________________________________________________________________
=========================

I didn't submitted a false bank statement, it was the visa officer error. they gave my bank wrong account number. I went to the head office of my bank to complaint about it, they apologized and sympathized but they said there was nothing they could do about it. I am just totally confused. I just need to know what to do. Please tell me what you would do, if you were in my shoes.
I'm looking forward to hearing from you.
Thanks.

geriatrix
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Post by geriatrix » Mon Sep 27, 2010 9:17 pm

You did not apply for renewal, but for fresh (2 year) entry clearance as business visitor.


regards

geriatrix
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Post by geriatrix » Mon Sep 27, 2010 9:45 pm

Write to ECO at local BHC and request for reconsideration highlighting the fact that the account number provided at the time of enquiry was incorrect and that the verification could be done again with the bank (quoting the accurate account number).

A letter from the bank stating that they were provided the incorrect account number at the time of verification should help convince the ECO that an error was made at BHC's end.


regards

vinny
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Post by vinny » Mon Sep 27, 2010 10:34 pm

I'm surprised if the BHC didn't just fax or send a copy of your bank statement to your bank for verification. If they had just tried to (mis)quote the account number over the phone, say, then that's where mistakes can be made.

Can you ask your bank/BHC on how the BHC tried to verify your bank statement?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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HRY2005
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Post by HRY2005 » Wed Sep 29, 2010 1:50 pm

Many times, the BHC just phone up the Banks and asked them to confirm some details on the accounts, including a transaction on a particular date. I have watched an episode of UK Border Force and watched the staffs confirming applicants Account statements over the phone in India.

Such forms of verification are highly prone to errors. I think the right way to go for the OP is to follow Sushdmetah's advice.
Live and let live

vinny
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Post by vinny » Thu Sep 30, 2010 11:40 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

HRY2005
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Joined: Tue Dec 08, 2009 3:16 pm
Location: UK
United Kingdom

Post by HRY2005 » Thu Sep 30, 2010 7:03 pm

It's shocking that an ECO can refuse an application based on the fact that phones were picked up to verify one document, and labelled that as ''deception'' while every other documents in the applicaction are verified to be genuine.
Live and let live

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