RFL12 - IDENT1 hits and refusals
This is internal guidance for use by entry clearance staff on the handling of refusals for visa applications made outside the United Kingdom (UK). It is a live document under constant review and is for information only.
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RFL12.1 When can I refuse as a result of an IDENT1 hit?
The biometric data of visa applicants are routinely checked against the police biometric database, IDENT1 which is linked to the Police National Computer (PNC). This check enables the identification of people who have criminal records or who are wanted by the police in connection with an offence. The ECO must decide whether an applicant should be refused on the basis of the information from the IDENT1 check.
RFL12.2 What paragraph of the rules do I refuse under?
The ECO will need to consider if it is appropriate to refuse the applicant under the following paragraphs of the immigration rules:
- Criminality - 320(32)(a) to(d) and S-EC.1.4 (a) to(c) of Appendix FM (see RFL10)3)
- Contrived in a significant way to frustrate the Immigration Rules - 320(11) (see RFL07)
- Non-conducive to the public good - 320(6) (see RFL08)
- Character, conduct or associations - 320(19) (see RFL09)
- RFL10
- Failure to disclose criminality - 320 (7A) (see RFL04) and 320 (7B) (see RFL05)
An applicant can be refused under 320(7A) if they fail to disclose a criminal conviction whether this is spent or unspent and under 320(7B) if they have failed to disclose a criminal conviction in a previous application for leave to enter, remain or entry clearance.
An ECO cannot refuse an applicant on the grounds that they are not sure of the applicant's identity or nationality simply because he has used previous identities in the United Kingdom, even when he has been convicted under a different identity.
However, evidence of identity swapping will clearly trigger close examination of the travel document and supporting documents provided for the EC application. The identity swap will also be relevant to the applicant's credibility.
RFL12.3 Do cautions, reprimands and final warnings count as criminal convictions?
From 13 December 2012, cautions, reprimands and final warnings can influence the outcome of an application for entry clearance. An ECO must take such convictions into account when assessing applications in relation to paragraph 320 (18A) and (18B) of the Immigration Rules. Please see RFL10.
RFL12.45 IDENT1 hits and appeals
If an applicant appeals, the ECO may write fuller reasons for refusal on the explanatory statement, based on the content of the 'Police Certificate'. The Explanatory Statement should include the details behind any refusal, including date of arrest, offence and what happened (for example, arrested, charged, convicted and so on).