Family Visitor Refusal by ECM under 320(7A)

[mr_m]

I am sponsoring family members to enter to UK as visitors for a maximum of 6 month.

This application was refused because it did not meet all the requirements of paragraph 41. My main concern is, however that the application had been refused under 320(7A) of the immigation rules. This is because the Appellant(s) failed to disclose that they had a grown up son and daughter currently in the UK ( the son as a visitor and daughter as a permanent resident). Furthermore, it states any further applications may be refused under 320(7B) of the immigration rules.

The decision has been appealed against and a hearing date is set (First-tier tribunal).

I would appreciate it if someone is able to advise me where I stand with this in terms of the chances of overturning this decision at a hearing.

Thank you.

[Obie]

In what circumstance was this material withheld?

320(7A), is a mandatory refusal if the person was aware of false representation.

[mr_m]

In what circumstance was this material withheld?

320(7A), is a mandatory refusal if the person was aware of false representation.

Question 4.18 of the visa application form asked " do all your children live with you at the address given in Question 3.1." If no please provide full details of where they currently live.

the details of the son and daughter living in the UK were not given. The reasons for this is because the daughter is now estranged from their parents (the appelllant) and the son was not mentioned because although he was currently in the UK, he was there temporarily as a visitor, so therefore his normal place of residence was at address given in Question 3.1 (the appellants)

[Obie]

If it is an honest mistake, then the family member will be entitled to have their appeal allowed according to settled caselaws and the ban overturned, provided of course the judge is satisfied that such is the case

[ruskcake]

In what circumstance was this material withheld?

320(7A), is a mandatory refusal if the person was aware of false representation.

Question 4.18 of the visa application form asked " do all your children live with you at the address given in Question 3.1." If no please provide full details of where they currently live.

the details of the son and daughter living in the UK were not given. The reasons for this is because the daughter is now estranged from their parents (the appelllant) and the son was not mentioned because although he was currently in the UK, he was there temporarily as a visitor, so therefore his normal place of residence was at address given in Question 3.1 (the appellants)

My view is that the chances of you overturning the decision are very slim because firstly the applicant failed to disclose all the information that was required and secondly the applicant has immigration intent hence the reason for not disclosing that the applicant has 2 children in the UK.