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I applied for a visitor visa on behalf of my nephew, who's in Italy. This was refused as it states he did not disclose the fact he already had an application rejected. I thought the question meant had he applied from Italy before, so ticked no. When my nephew pointed out that he had applied for a visa when he was in Pakistan, I stupidly told him that of course the home office would be aware of this and not to worry. If they queried then we would clarify. They didn't query but outright rejected his application and as they thought he was trying to deceive them, he's had a ban put on for 10 years. It seems harsh for something that was a) my fault and b) a misleading question.

I can understand if we had changed his details then he could be accused of deception, but everything else was correct. What can I do, if anything? I feel so guilty that he will suffer from my stupidity.

  • Should we assume that the application was for a UK visa? How old is your nephew? – phoog Jun 22 '18 at 14:58
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    It takes quite a bit to incur a 10-year ban, and a bad thing if it was for deception. The best recourse now is to consult an immigration law practitioner. BTW, it's not the ECO's obligation to call you and see if you meant what you indicated; their duty is to evaluable the integrity of what has been presented in the application. It's unlikely that your nephew would be coming to the UK anytime soon. – Giorgio Jun 22 '18 at 15:44
  • I would take Giorgio's comment as actionable advice: get a lawyer. However, your nephew could well have been refused for some other reason so you haven't done much additional harm. Now you have an excuse for a trip to Italy! – user16259 Jun 22 '18 at 16:04
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    Also, are you certain he has been given a 10-year ban? The normal course of affairs is to apply the ban on the second refusal, where the first refusal says that a future application may be refused under paragraph V3.7 (a) or (b). It is the possible second refusal, if under that paragraph, that leads to the ban. If he was given a ban, then, that suggests that his prior refusal was also on grounds of deception. – phoog Jun 22 '18 at 16:04
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    Question 6.3 Have you ever been refused a visa for any country, including the UK? The written English in your question is flawless. It is not credible that you thought this question meant 'had he applied from Italy before'. – user16259 Jun 23 '18 at 11:08
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In theory your could reapply or appeal with a competent immigration attorney (and pay a lot of money) and hope for a different result although the probability of success is minuscule.

In practice the viable option open to you/him is wait the ten years. Next time let him fill out his own application after all he is an adult, maybe with the aid of an immigration attorney.

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You will need to prove on a balance of probabilities (that is more likely than not) that your nephew was not dishonest. It is extremely unlikely that you will be able to meet this burden of proof.

In my opinion to ban an applicant for dishonesty a criminal standard of proof should be required. Unfortunately, that is not the case and your nephew will not be travelling to the UK anytime soon.

Source: British and Irish Legal Information Institute

There are many other tribunal cases which show that the ECO must prove on a balance of probabilities that the applicant (or some other person) was dishonest for a refusal under 320(7a). An applicant refused under this rule can can appeal (if eligible) or apply for a judicial review and prove, again on a balance of probabilities, that this decision was wrong. It is extremely unlikely that your nephew will be able to meet this burden.

Some of the information contained in this post requires additional references. Please edit to add citations to reliable sources that support the assertions made here. Unsourced material may be disputed or deleted.

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    Why so many down votes on this answer? Herd mentality at work? – user 56513 Aug 10 '18 at 12:19

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