RFL04 - Deception in an application - paragraph 320(7A)

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.

RFL4.1 320 (7A) Flowchart

Paragraph 320 (7A) - Deception in Visa Application (flowchart) (a copy can be downloaded under 'Related documents' on th right of this page.

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RFL4.2 When must I refuse under paragraph 320 (7A)?

When you have evidence that the applicant, regardless of age, has used deception, made a false statement or given false information (whether or not material to the application, and whether or not to the applicant's knowledge), or withheld a material fact in an application, either orally (at interview) or in writing. 

The legal standard of proof is 'balance of probabilities', so it must be more likely than not that the falsehood has been used. It is for us to prove that an applicant has used falsehood. This means that it is not enough for us simply to doubt that the applicant is telling the truth. In order to refuse under this Rule, we need positive evidence that they have used deception or false representations, or that a document that they have submitted is false.

ECOs should also consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the Immigration Rules) (see RFL07) where the applicant has 'previously contrived in a significant way to frustrate the intentions of the Immigration Rules.'

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RFL4.3 What is a false representation?

A false representation is when an applicant or third party lies or makes a false statement in an application, either orally or in writing. The application must be refused even if the false representation is not relevant to the application or your decision and even if the applicant was not aware that false representations, information or documents have been used. 

However, you must should not refuse an applicant because you suspect that false representations have been made or because of minor inaccuracies in the application, for example an inaccurate address or mis-spelt name on a visa application form. See the ECO Toolkit for guidance on how to assess an application.

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RFL4.4 What is a false document?

You must refuse the application if you have evidence that a false document has been submitted even if the false document is not relevant to the application or your decision and even if the applicant is unaware that the document is false. 

A false document includes: a genuine document which has been altered or tampered with; a counterfeit document (one that is completely false); a genuine document that is being used by an impostor; a genuine document which has been fraudulently obtained or issued; or a genuine document which contains a falsified or counterfeit visa / endorsement.

To be satisfied that a document is false you must:

  • have examined the document and completed a Document Examination Report (DER)(see RFL4.7) setting out your findings (including photographic evidence where appropriate) to justify your conclusion that the document is false; or
  • have evidence, as a result of checks carried out, that the document is false, and have completed a Document Verification Report (DVR) (see RFL4.7); or
  • show that the document is identical to another document on which you have current and reliable evidence that it is false and have completed a Document Verification Report (for example, issuing body has either given information on document's security features or already advised that an identical document is false); or 
  • have an admission from the applicant (in writing or recorded in the Q&A notes) that they used a false document or made false representations.

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RFL4.5 What is false information?

You must refuse the application if false information has been submitted. The purpose of this part of 320(7A) is to allow an ECO to refuse an applicant if false representations were made, for example (and this is not an exhaustive list) to obtain a certificate of sponsorship for a points-based system Tier 2 or Tier 5 application.

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RFL4.6 What do I do if material facts have not been disclosed?

You must refuse the application if material facts are not disclosed. You need to show that the withheld information would have been relevant to your decision. But you cannot refuse an applicant on these grounds if you have not indicated to the applicant the kind of information that is relevant to the application. The Court of Appeal (in the case of IRACKI) has held that an applicant is not obliged to volunteer information unless he is given an indication of the kind of information which is material to the application.

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RFL4.7 When do I use a Document Examination Report / Document Verification Report?

All para 320 (7A) & (7B) refusals must be supported by a Document Examination Report (DER) or Document Verification Report (DVR) irrespective of how the forgery / deception has been practised. This is because we must ensure that there is a clear audited trail which shows how the decision has been reached, which will enable us to withstand any legal challenges.

  • A Document Examination Report (DER) is usually completed by a forgery officer who conducts a thorough examination of a passport or other national document. A DER must not be placed within the main appeal bundle and should be sent under the cover of Section 108. See APL1.13.   
  • A Document Verification Report (DVR) should be completed for all other instances of forgery and submitted, once depersonalised, in the appeal bundle.

Requests for copy

If a copy of the DVR is requested by an applicant, third party. (The IJ is not regarded as a third party). The DVR needs to be depersonalised before it is sent off. The procedure is as follows: 

  • Post save a DVR  - depersonalised version;
  • Bank account details are replaced with 'xxxxx', names of sources spoken to at banks etc are replaced with "an official" and phone numbers are deleted;
  • Ensure that the depersonalised version is used for appeal cases unless it cannot be de-personalised in a meaningful but convincing way or if the DVR contains sensitive information, for example, covert security features. In these cases, reports must be sent under closed cover using section 108 of the 2002 Act. (see APL1.13).

A DER cannot be disclosed to the applicant or third party.

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RFL4.8 Can an entry clearance be revoked if false representations etc are uncovered after issue?

You can revoke the entry clearance under paragraph 30A of the Rules in certain circumstances or you may need to refer the application to ECCCAT. Staff can obtain guidance on how to revoke an entry clearance in ECB18.

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