Challenging 320 7 (A) – 10-year ban

General Grounds for Visa Refusal

UK immigration laws have provisions for refusing visas to the applicants. You should know them or consult experts to avoid making any mistake that may cause you serious troubles such as 10 years ban to enter the UK.

Paragraph 320 7(A) sets out mandatory grounds for the refusal of visas. Paragraph 320 7(A) sets the grounds of refusal based on false representation, false documents, and/or non-disclosure of relevant facts. Applicants will be refused their application for entry clearance, leave to enter, or leave to remain in the UK. So, if the entry clearance officer finds that there has been a false representation were made or false information was submitted by you or a third party in relation to your application or in order to obtain documents from the Secretary of State or a third party that is needed to support the application or any relevant information has been hidden, he/she will mandatorily refuse the application. As a result of this applicants may have to face a 10-year re-entry ban to the UK.

Reasons for UK visa 10 years re-entry ban under 320 7(A)

You may face a UK visa 10 years re-entry ban if you are found guilty of using deception in the application. You should not deliberately use false representation and/or non-disclosure of material facts to save yourself from a serious ban of this kind. However, if you find that you have not made any such mistake, but you have been refused on this basis then you can appeal or re-apply. Possible reasons for a 10-year ban under 320 7(A) are the
following:
1. False representation of material facts
2. Submission of wrong fraud and non-genuine documents
3. Hiding of material facts
4. Failure in cooperation

Positive evidence required under 320 7(A)


It is upon the entry clearance officer to produce positive evidence before rejecting an entry clearance or leave to enter or remain application. This means that the decision-maker must prove that the applicant has either lied or provided a false document. If he/she fails to do so, there is no ground for him/her to refuse the applicant.

 

DER and DVR

The decision-maker cannot just refuse a visa application on discretion basis. He/she needs to check a document before he/she declares it a false document. The officer has to fill the DER (document examination report) before he/she refuses a visa application under 320 7(A) and if the officer has filled up the DER then he/she also needs to make DVR (documents verification report) stating that the document is false based on current and reliable evidence.

Challenging the ban under 320 7(A)

You can re-apply after 10 years you can appeal/ judicial review against the ban. If a ban of 10 years has been imposed on you under 320 7(A) any new visa application including the UK visit visa will be refused. You may be able to re-apply only after 10 years.

In a judicial review, there will be court proceedings in which the lawfulness of a decision will be examined by a judge. An appeal is about whether the decision made was right or wrong while a judicial review will check the correctness of the procedure to decide on refusal. The appeal is now limited to very few cases of visa refusal while judicial review is still applicable to most of the visa and immigration refusal decisions.

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