Question: 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 at 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?
Answer: 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 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 of ECHR 1998 and any other information that may come to light assuming that the Applicant is also interviewed by the Entry Clearance Officer.
By Raheela Hussain,
* Please note that the above article does not relate to nationals of the European Union.
Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first published.
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