Paragraph 320 (7A) states as follows:
(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.
If this is the case it is usually 10 years if they practiced deception (which includes using false documentation) in support of a previous visa application.
In deception cases, UKBA will need to take into account representations from the applicant as to why they did not use deception. Subject to that, UKBA will assume that the officer who took that decision applied the correct burden and standard of proof, unless the decision was overturned, for example, on appeal, Judicial Review or following reconsideration.
Examples of when the UKBA assume that the officer applied the correct burden and standard of proof for establishing deception:
- Electronic copy of refusal notice held only (no other papers/docs). Applicant refused under, for example, paragraph 40 and reference made to the fact they applicant used false docs.
- Electronic copy of refusal notice held (no other papers/docs held). Applicant refused under 320(21) (false docs), 320(7A) or other deception rule.
- Electronic copy of refusal notice which makes reference to deception, false document / relevant papers held.
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