General Grounds of Refusal u/s 320(11)

Deviser · Post by **Deviser** » Wed Sep 26, 2012 5:25 pm

Using deception (forged documents) in an in-country application (itself) can be counted as aggravating circumstances?

The student charged for deception in visa extension application in 2010 than left UK voluntarily within 20 days of refusal after completely following UKBA reporting instructions with one-year ban.

Now his Tier-4 visa rejected with 320(11). But as per the case original circumstances it seems that there is nothing which can be counted as aggravating circumstances.

ECO refused visa on the basis of that previous deception with blurred wording which does not clearly describe any aggravating circumstances. I have two questions:

1.) Does deception itself count as aggravating circumstances?
2.) What are the success chances in AR or Judicial Review?

Post by **Lucapooka** » Wed Sep 26, 2012 9:47 pm

1. Depends on the type of deception. http://www.ukba.homeoffice.gov.uk/polic ... 7/#header3
2. Perhaps not good. 320(11) require mandatory authorisation from ECMs; they are not decisions that can be taken by an ECO acting autonomously. So, it's already had a second opinion from the boss to get to this stage.

Deviser · Post by **Deviser** » Wed Sep 26, 2012 11:13 pm

RFL7.1 When can I refuse under 320 (11)?
This is a discretionary refusal where an applicant has:

been an immigration offender or in breach of UK immigration or other law; and / or
received services or support to which they were not entitled;
and where there are aggravating circumstances.

It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstances as well.

This paragraph clearly says that 320(11) need two things Breach of law + aggravating circumstances.

Applicant already charged as immigration offender/breach of law for deception. So the same deception can also count twice as aggravating circumstances?

Post by **Lucapooka** » Wed Sep 26, 2012 11:46 pm

You have to debate the rules and guidance with yourself unless you are willing to reveal the full text of the refusal statement.

Deviser · Post by **Deviser** » Sat Sep 29, 2012 10:57 pm

ECO wording are like that You have used deception in your leave to remain application to prolong your stay in UK. Though you left the UK voluntarilly at your own expense, I am satisfied that you have breached your conditions of stay by using forged documents for leave to remain in the UK.

In view of this I am also satisfied that you have previously contrived in a significant way to frustrate the intentions of immigration rules through your actions and the time it took for you to leave the UK voluntarily at your own expense. I am therefore refusing you entry clearence under paragraph 320(11) of the immigration rules"

An immigration related official told me that ECO apply double burden of deception on this rejection. ECO count deception as 'breach' and than count same deception as aggravating circumstances. Is that right?

Plus according to applicant history their is no other breach in his record except this. So what do you think?

Mr Rusty · Post by **Mr Rusty** » Mon Oct 01, 2012 5:10 am

Post by **Greenie** » Mon Oct 01, 2012 5:15 am

I think the 10 year ban only applies when the deception was used in an application for entry clearance not an application for leave to remain.

Mr Rusty · Post by **Mr Rusty** » Mon Oct 01, 2012 7:45 am

Greenie wrote:I think the 10 year ban only applies when the deception was used in an application for entry clearance not an application for leave to remain.

It is, which is why I deleted my post above, having written a load of rubbish to the effect that the refusal should have been mandatory under 320 7b. It is a curious distinction that has been made, i.e. using false docs gets you a 10-year ban if you're applying abroad, but not if you did it in the UK.

Anyway, the OP's further post doesn't inspire confidence as the phrase "ECO wording are like that" gives the impression that he is quoting selectively from the refusal wording rather than stating the full reasons. "..your actions and the time it took for you to leave the UK.." suggests there may have been more to the case than has been stated. If there isn't, then arguably the refusee has grounds for complaint.

Post by **Greenie** » Mon Oct 01, 2012 8:29 am

It is curious, i can only think it must be because they want to encourage those who have used deception in applications For leave to remain to leave the UK, but having taken away the discretion of the decision maker and his ability to assess the true intentions of the applicant this does seem to leave open the possibility of a person who has no intention of studying and who is so desperate to stay in the UK he is willing to submit false documents, easily able to get anotprher visa by scoring the necessary points.

Deviser · Post by **Deviser** » Fri Oct 05, 2012 6:07 pm

No. There is only deception things in records nothing else. Applicant just charge for deception and left quickly without doing anything like appeal or review as he needed to travel to home country for some emergency that time.

I was also confused by ECO wordings but after getting in touch with few lawyers, confident to get success in AR or Judicial Review.

Post by **vinny** » Sat Oct 06, 2012 3:04 am

Greenie wrote:I think the 10 year ban only applies when the deception was used in an application for entry clearance not an application for leave to remain.

Agree.

Deviser · Post by **Deviser** » Mon Oct 08, 2012 9:21 am

vinny wrote:
Greenie wrote:I think the 10 year ban only applies when the deception was used in an application for entry clearance not an application for leave to remain.
Agree.

Yes. It is. 320 (7B) cannot be applied as one-year ban period has been abolished.

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General Grounds of Refusal u/s 320(11)

General Grounds of Refusal u/s 320(11)