Q) My husband has been refused a spouse visa by the British Embassy in Ghana for submitting a false document; he put false payslips in to show he had a job in Ghana as he thought that would help him get a spouse visa, but the British Embassy made checks and found out that he was not working that the company he said he was. The refusal notice they gave him says he has been refused under paragraph 320(7A). We want to appeal the decision, what defence can he use?
A) An Entry Clearance Officer has the right to refuse an Applicant a visa where they have used false representations or information, material facts not disclosed or false documents. The Entry Clearance Officer will need we need positive evidence that they have used deception or false representations, or that a document that they have submitted is false.
A false representation is when an applicant or third party lies or makes a false statement in an application, either orally or in writing. The application will be refused by an Entry Clearance Officer even if the false representation is not relevant to the application or the decision and even if the applicant was not aware that false representations, information or documents have been used.
Before an Entry Clearance Officer refuses an application under paragraph 320(7A), they must consider any compelling, compassion or exceptional circumstances in the Applicant’s favour to decide whether they can still grant the visa. These factors would include looking at the family life they have in the UK (perhaps the Applicant has children there) or any reasons why it would be disproportionate to allow the Applicant to come to the UK bearing in mind the 320(7A) issue. Particular reference will made to the Applicant’s human rights under article 8 ECHR 1998 and any other information that may come to light assuming that the Applicant is also interviewed by the Entry Clearance Officer.
Below is a flowchart explain how paragraph 320 (7A) refusal are dealt with by Entry Clearance Officers:
Raheela Hussain Senior Immigration Solicitor
Tel: 020 8884 1166
You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.
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