A father wanted to visit the UK to spend time with his daughter.
Instead, his last visit visa application resulted in a finding of deception and a 10-year ban from entering the UK.
The issue arose from an inaccurate answer on his application concerning previous visa refusals; refusals that had occurred more than 15 years earlier and related to applications he had not completed himself.
Our team successfully challenged the basis of the deception allegation, and his subsequent visit visa was ultimately granted.
What happened?
The client had previously been refused a UK visit visa on several occasions. Those refusals were more than 15 years old by the time of his latest application.
In his latest application, he stated that he had never previously been refused entry to the UK. The Home Office treated this answer as a false representation made with an intention to deceive.
This was significant. Under the Immigration Rules, a finding of deception in a visit visa application carries a mandatory 10-year entry ban.
For our client, the consequences went far beyond the refusal of a single visit visa. It threatened to prevent him from visiting his daughter in the UK for years to come.
The crucial issue: was there an intention to deceive?
The circumstances surrounding the application were central to the case.
The client had not completed the application form himself. A third party had completed it on his behalf. At the relevant time, the client was also experiencing significant physical and mental health difficulties and was not in a position to properly review or verify the information that had been submitted. He genuinely did not remember the historic refusals, which had taken place more than 15 years earlier.
The Home Office’s own rules acknowledge this matter: a deception finding requires proving intent, not simply an inaccurate answer. Where someone did not complete their own application and lacked the capacity to check it, the question of intent looks very different.
The issue, therefore, was not simply whether the answer on the form was inaccurate. The critical question was whether the client had deliberately provided false information with an intention to deceive.
How ZH Law approached the case
Mr. Zainul Jafferji and paralegal Simran Grewal built a fresh application around this argument directly.
The team argued that the evidence did not establish that the client had intended to mislead the Home Office. He had not completed the application himself, had not knowingly provided the inaccurate information, and had genuine difficulties recalling events that had taken place many years earlier.
The application also addressed the wider circumstances of the case and invited the Home Office to exercise discretion in light of the evidence available.
The application was supported by medical evidence, and a clear account of how the original form came to be completed. The evidence was presented alongside a robust legal argument addressing the alleged deception and the circumstances in which the original application had been completed.
The outcome
The client’s visit visa was granted and the 10 year ban was lifted.
The successful outcome demonstrates the importance of examining the circumstances behind an immigration refusal rather than simply accepting the Home Office’s conclusion at face value.
Have you previously been refused a UK visit visa?
A historic refusal does not necessarily mean that you cannot successfully apply for a UK visa in the future.
Every immigration case turns on its individual facts, and no outcome can be guaranteed. However, a previous refusal, even one involving an allegation of deception, should be carefully assessed before assuming that the matter cannot be challenged.
If you have been refused a UK visit visa or have been accused of providing false information, speak to our team about your circumstances.
Chat with us on WhatsApp | London: 0203 887 7306 | Leicester: 0116 365 6400 | enquiries@zh-law.co.uk
This article is for information purposes only and does not constitute legal advice. For advice specific to your situation, please contact ZH Law.
