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Not desirable to let a person remain in the UK – leave to remain
This page contains guidance for caseworkers on how to consider when it is undesirable to let an applicant, applying for leave to remain, stay because of their character, behaviour or associations or they are a threat to national security. This relates to general reasons for refusing under paragraph 322(5) of the rules.
When it is undesirable to give an applicant leave to remain in the UK because of their character or conduct or associations, you must consider whether you need to refer the case or refuse it under paragraph 322(5).
Before you refuse leave to remain under paragraph 322(5), you must first refer your decision to your senior caseworker.
You must:
• give specific reasons to refuse under this paragraph
• not include vague generalisations about a person’s character, conduct or associations
• only refer to the specific reason you are refusing the application
• not refer to a threat to national security in your refusal notice.
When a case falls into one of the above categories, you must consider it in line with the guidance in this section, regardless of whether the application is valid or not. However, when you consider such a case, you must only take into account information which is new and was not known to the UK Border Agency at the time of any previous decision. You must not take action on information which was known to the UK Border Agency at the time of the previous decision, unless advised to by a senior caseworker.