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Jei2, thanks for this, but is the wording (in bold) at the beginning correct? It doesnt seem to make sense. Is it just me?jei2 wrote:For anyone who's interested this is the standard wording on a refusal letter I've just seen (reprinted with permission and dates changed).
Your application fails to be refused under paragraph 320(7B) of HC 395:
(7B) where the applicant has previously breached the UK's immigration laws by:
(a) overstaying
(b) breaching a condition attached to his leave
(c) being an illegal entrant
(d) using deception in an application for entry clearance, leave to enter or remain (whether successful or not)
unless the applicant:
(i) overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State
(ii) used deception in an application for entry clearance more than 10 years ago
(iii) left the Uk voluntarily, not at the expense (directly or indirectly) of the Scretary of State, more than 12 months ago
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago or
(v) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.
You initially went to the UK on 26.06.04 as a student. Your student visa expired on 29.09.07 and you failed to make any applications to the Home Office for an extension of your stay. You were encountered by the police and immigration service on 14.01.08 and you were served with Immigration papers 1S151 as an overstayer. You were removed from the UK at public expense on 18.01.08.
I am therfeore refusing you entry clearance under paragraph 320(7B) of the Immigration Rules. Any future applications will also be automatically refused, for the same reason, under paragraph 320 (7B) of the Immigration Rules until 18.01.2018.
Given these facts, I have not assessed your application under the paragraph of the rules you have applied for. If a decision is made in the future to overturn this refusal decision, an Entry Clearance Officer will assess your application under the relevant paragraph for the category of visa you have applied for.
You are entitled to appeal against this decision under section 82(1) of the Nationality Immigration and Asylum Act 2002. etc etc
----------------------------------------------------------------------------martha wrote:Hollie Lee -Lots of failed assylum seekers have returned home and have been successful with a spouse visa. But the ones I knew about, my husband being one, was before the new Immigration Ruling this year.
Check with an immigration solicitor who can explain it fully.
Hope this is helpful
What's the issue with being Turkish?Frontier Mole wrote:
If he entered as an illegal but claimed asylum immediately, he might have had a fighting chance. As an overstayer - assumed avoiding availing himself for removal after his failed asylum claim he has made the situation much worse. No way is an ECO going to grant a visa based on being an overstaying Turkish failed asylum seeker. You might have a chance at appeal, however with the new rules yet to be tested to any degree, hard to say.
I would expect that you will be refused even if you pay for the flight home. Your best bet is still to do so but do not expect the fact he returned home at his own cost to be the crux of the sucessful visa application. ECO's do not take kindly to the set of circumstances you outlined, illegal entry, failed asylum claim then "disappearing" all amount to a big no no.
Both 7A and 7B are in italics on the Home Office website. This means that they are recent additions to the rules.chrissy wrote:Out of curiosity, has the rule 320 7A always existed? Has 7B been introduced to support it?