Deception and challenging general grounds for refusal
Deception and challenging general grounds for refusal

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Deception and challenging general grounds for refusal
  • When do the general grounds for refusal apply?
  • What is deception?
  • Deception—false representations or information
  • Deception—false documents
  • Deception—non-disclosure of material facts
  • Challenging general grounds for refusal—burden/standard of proof and mechanisms of challenge
  • Challenging general grounds for refusal—practical tips

STOP PRESS: This Practice Note is currently being updated, including for the implications of the Court of Appeal’s decision in Balajigari v SSHD [2019] EWCA Civ 673, [2019] 4 All ER 998 and the Home Office’s consequent new policy guidanceon False representation, and supplementary guidance on False representations: Tier 1 (General) earnings concerns.

This Practice Note looks at what constitutes deception in the general grounds for refusal in the Immigration Rules, Part 9 and how this controversial issue applies in practice. It also provides practical tips on challenging any refusal made under the general grounds for refusal.

When do the general grounds for refusal apply?

The general grounds for refusal are set out in the Immigration Rules, Part 9 and are a list of grounds on which an application for entry clearance, leave to enter or leave to remain can be refused which are in addition to any grounds for refusal included in the specific requirements for each categories of stay set out in Parts 2–8 of the Rules. Part 9 also includes grounds for the curtailment and cancellation of existing leave. The general grounds for refusal are split between mandatory and discretionary grounds. See Practice Notes: Mandatory grounds for refusal and re-entry bans, Medical and other discretionary grounds and Previous conduct.

Since July 2012, the Home Office has revised a

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