Automatic Visa Refusal 10 Years

[tim0001]

Is there any way to appeal aganst a 10 year automatic refusal - My thai girlfriend of 6 years mistakenly filled in her UK visa application incorrectly in April 09- (I know I should have checked it for her) She ticked the box saying her current passport was her first, when in fact it was her seconed. She also stated that she had had previous visas to visit Norway and UK 4 years ago, which is true. However these visas were in her first passport which she didnt provide with her application. Subsequently the application was refused on the following grounds:- " since you have failed to provide evidence of your previous passport, I cannot be sure that your immigration history is as claimed. Accordingly I refuse you visa"

A seconed aplication was then made providing both passports and evidence of previous visas , however this was again refused on the following grounds :- "you used deception in your last apllication and this was refused under para 320 7a on 1 may 09". They also imposed a ten year automatic refusal for any future applications.

This seems totally unreasonable and is there anything that can be done, there was no deception only a genuine mistake

[orchidofsiam]

It would be useful to have sight of the complete notice of refusal before commenting.

However the 10 year ban does not apply to her if she were to apply for a fiancee or wife visa in the future.

[theoldgit]

From what you have described I can see little evidence that your girlfriend used deception in her application for a tourist visa to enter the UK.

Yes she ticked the wrong box indicating this was her first passport but then gave details of her visas and subsequent travel. On what you have said it seems like an honest mistake as she would have everything to gain to providing proof of her previous travel history and little to gain by deceiving the ECO that it was her first passport.

The only caveat is if the first passport contains proof that her visas were not fully complied with, but if that was the case, and she was attempting to hide the fact, then why declare the trips?

As orchidofsiam states it would be better if you could post the full details of the refusal notice.

Whilst there is no right of appeal there should be no harm in writing to the ECM outing the facts that no deception was used in either application and actually ask that they review not only the ten year ban but the refusal itself. It's a long shot, but she has nothing to lose.

[7by7]

She ticked the box saying her current passport was her first, when in fact it was her seconed.

OK, this may have been a genuine mistake, but how did she miss the question immediately after this?

2.6 Is this your first passport? Put a cross (x) in the relevant box

Yes No If ‘Yes’ go to Part 3

2.7 Please give details of any previous passports, covering the last 10 years, including where these passports are now.

As said by others, further comments or advice is impossible without knowing what the refusal notices say.

[Eff1n2ret]

Is there any way to appeal aganst a 10 year automatic refusal

If it's a straightforward visit visa, there is no right of appeal. The only remedy in law would be an application to the High Court for a Judicial Review, but a solicitor would ask you for several thousand pounds up front even to make an application, which you might feel is disproportionate to the aim of getting her a six-month visa.

As other posters have said, more detailed info re the refusal notices is required to be able to say whether the decision really stands up, but from what you have divulged so far, it looks a bit iffy to me. Of particular interest is the wording of the first refusal, what actual Paras of the Rules were mentioned, and whether "deception" was actually alleged in that refusal. "...I cannot be sure that..." and "I am not satisfied that" are the common mantras used by ECOs and Immigration Officers in what is known as "credibility refusals", i.e. they've spotted an inconsistency or are unable to elicit sufficient information so that they can say that they're not satisfied (which is all the Rules require them to be), and refuse accordingly. But that's a different matter from alleging deception, and unless the first decision specifically includes a refusal for deception, it could be argued that it is an abuse to revisit that decision on the second application and infer a further reason for refusal in the first one that wasn't mentioned at the time.

If it's happened that way, you could write to the Entry Clearance Manager in Bangkok and ask for a reconsideration. But I would advise you to seek the assistance of a specialist immigration solicitor or an OISC advisor qualified to at least level 2 to present your argument. If it can be shown at that stage that there are reasonable grounds for challenging the decision, the threat of JR might be sufficient to persuade them to back down.