New Video: Immigration Rule 320(11) Refusals: Forever Frustrating!
In this Immigration Law Update video I consider Rule 320(11) of the Immigration Rules: where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules.
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:
(i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
Cases and guidance referred to in the video:
PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010)
General grounds for refusal Section 2 of 5: Considering entry clearance (11 January 2018)