Examples of when an entry clearance application must be refused on mandatory grounds are:

·         Where the applicant is subject to a deportation order

·         Where the applicant fails to produce a valid passport

·         Where the Secretary of State deems refusal of entry as conducive to the public good

·         Where an applicant has made false representations

·         Where false documents were submitted

·         Where information is not disclosed

·         Where the applicant has previously breached UK immigrations laws for instance by overstaying for over 28 days or if the applicant was removed from the UK

Examples of when an entry clearance application should be refused on discretionary grounds are:

·         Failing to supply documents (i.e. medical reports)

·         Failing to produce a valid passport or travel document

·         ‘For contriving in a significant way to undermine the intentions of the Immigration Rules’ for instance where the applicant was previously an illegal entrant or where the applicant previously breached conditions of his stay

·          Failure to demonstrate that the applicant will be accepted back to another country after his stay in the UK

·         Failure of the sponsor to confirm in writing that they will maintain and accommodate the applicant

·         Making false representations whether or not the applicant is aware

·         Where the parents/legal guardian does not provide consent for applicants under 18

·         Where the applicant has a conviction: in any country including the UK for an offence which, if committed in the UK, is punishable with imprisonment for at least 12 months or (if committed outside the United Kingdom), would be punishable by imprisonment for at least 12 months if the offence had occurred in the UK

·         Where the Secretary of State deems refusal of entry to be conducive to the public good

Ban on entry (re-entry)

Applicants may be banned on entering/re-entering the UK if they fall within one of the grounds for mandatory or discretionary refusal. The periods for which an applicant may be banned depends on the circumstances of the individual case but could fall into one of the following:

·         Those who have used deception or who have previously breached UK immigration laws may be refused entry for 10 years

·         Those who leave the UK voluntarily however, may have their period reduced to:

-       1 year, if the applicant left the UK at his own expense 

-       5 years if the applicant leaves voluntarily but at the public expense

Applicants who are removed from the UK (through administrative removal) or who are deported will be banned from re-entry for 10 years.

Right of appeal against refusal

There is a limited right of appeal against mandatory and discretionary refusals depending on the category in which the applicant is applying to enter the UK. Applicants may appeal on the basis of the Human Rights Act or Race Relations Act.

Certain applicants (who fall under Immigration Rule 320(7B)) must not be refused if they are applying in the following categories:

·         Spouse, civil partner, unmarried or same-sex partner

·         Fiancé(e), or proposed civil partner  

·         Parent, grandparent or other dependant relative

·         Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection

·         Those applying to exercise rights of access to a child

·         They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.

Further, applicants (under 320 7(B)) should not be refused where:

·         they left the UK voluntarily between the dates 17 March 2008 and 1 October 2008 and they have not contrived in a significant way to frustrate the purpose of the immigration rules;

·         false documents or false representations were used in a previous visa/leave to enter application, and the applicant was not aware that the documents or representations were false;

·         the applicant has raised human rights issues/exceptional/compelling circumstances *see UK Border Agency Policy and Law guidance

·         There are also some concessions outside the rules available for instance, those who were victims of trafficking.

Appeals can be brought on human rights grounds (article 8- right to private and family life) and on compassionate and compelling circumstances.

How we can help

At Ergen & Sharif, we have extensive experience in dealing with entry clearance applications refused on discretionary and mandatory grounds. For further information or for a case specific evaluation, please contact us at 0207 569 30 35 or alternatively, you can email us at info@ergensharif.co.uk.