Refused on the basis of deception

[razza59]

Dear All,

Please advise. My brother (Zimbabwean) received an ancestry visa in 2000 and during his time in UK he got into some trouble and his visa expired before he could renew. When he wrote to the HO in 2010 they advised him to return to his country of origin to re-apply. Stupidly he did not disclose all of his criminal convictions on the re-application and got refused on the grounds of 320 7(a) and 320 19.

I have noted from other peoples refusals on grounds of 320 7(a) that their refusal notices stipulate that "any futher applications may be refused under 320 7(b) and a refusal may carry an automatic ban of 10 years."

My question is, as my brother's refusal notice did not state the ban period does this mean that he will not automatically be refused for 10 years or can they use discretion to grant EC for not fully disclosing criminal convictions? Or does it not matter that the refusal letter did not state this as this will apply to his next application anyway?

I will also add that there are also Humanitarian aspects to his next application and that the initial application was made in 2010.

Thank you!

[Lucapooka]

The ban period was not stated as it would be whatever was the period is under the prevailing laws at the time he re-applied, and this might be subject to revision over time. The current ban period for previous deception is 10 years.

[razza59]

Thanks for your response.

[razza59]

Just one more question, do you know what the ban period for deception was back in 2010?

[Amber]

See also, Part 9 - General grounds for the refusal of entry clearance

Please state the offence, the type of conviction and when the conviction occurred. Was this a conviction or a police caution?

[vinny]

Just one more question, do you know what the ban period for deception was back in 2010?

320(7B) first came out in 2008.

[pennylessinindia]

If the last application made with deception was in 2010 and he applies today he will be banned until 2020

[Amber]

If the last application made with deception was in 2010 and he applies today he will be banned until 2020

Depends on the application and type of deception.

[pennylessinindia]

If the last application made with deception was in 2010 and he applies today he will be banned until 2020

Depends on the application and type of deception.

OP was referring to 320 7a in post so 320 7b would be 10 years from 2010

[razza59]

It was a conviction and he served two months for theft. The 320 7a was for failure to disclose unspent convictions.

Thanks

[Amber]

Hi there,

My brother (Zimbabwean passport holder) applied for an ancestry visa and was refused on the basis of 320 7(a) and 320 19. My question is that the stamp they put in his passport was stamped with a date one year after his initial application. He applied in May 2010 and the stamp they put has a reference number hand written and underneath it has a stamp which says UK and then 17 May 2011 and underneath is a line and then Pretoria as that's where the application was submitted from. My question is what this date mean does this mean?

Many thanks!

[vinny]

I think that the date is the date on which an application was considered. The underline means a refusal.

[razza59]

Hi, as I stated, that date the application was made was in May 2010 and the stamp says May 2011, so it's not the date the application was considered. Thanks

[vinny]

Are you expecting a visa application to be considered, i.e. decided, on the date of the application?

[razza59]

Ok, my brother applied for the visa in May 2010 the visa was refused in May 2010 and he received the refusal letter in May 2010, but it came with the stamp dated May 2011. Hope this is now clearer. Thanks