Page 1 of 23 Published for Home Office staff on 12 December 2016
Document verification checks
Version 1.0
Page 2 of 23 Published for Home Office staff on 12 December 2016
Contents
Contents ..................................................................................................................... 2
Document verification on applications ........................................................................ 3
Contacts ................................................................................................................. 3
Clearance ............................................................................................................... 3
Changes from last version of this guidance ............................................................ 3
Document verification ................................................................................................. 4
How to record the result of a document verification check ......................................... 5
How verification check results affect the decision ...................................................... 7
Deception ................................................................................................................... 9
The decision ............................................................................................................. 11
Deciding applications where a false document has been submitted, and where
deception has also been used .......................................................................... 11
Deciding applications where documents cannot be verified / verification results
are inconclusive ................................................................................................ 12
Handling DVRs ......................................................................................................... 14
Dealing with requests to review the decision on false documents/deception ........... 15
Deception effect on future applications ................................................................. 16
Questions to ask when verifying a document ........................................................... 19
Reasons for refusal wording ..................................................................................... 20
Granted applications ................................................................................................ 23
Page 3 of 23 Published for Home Office staff on 12 December 2016
Document verification on applications
This guidance tells you about document verification checks and what to do when
false documents have been submitted in support of an application for entry
clearance, leave to enter or leave to remain.
Contacts
If you have any questions about the guidance and your line manager or senior
caseworker cannot help you or you think that the guidance has factual errors then
email the Administrative Policy team.
If you notice any formatting errors in this guidance (broken links, spelling mistakes
and so on) or have any comments about the layout or navigability of the guidance
then you can email the guidance rules and forms team.
Clearance
Below is information on when this version of the guidance was cleared:
version 1.0
published for Home Office staff on 12 December 2016
Changes from last version of this guidance
This is the first version of this guidance.
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Contents
Page 4 of 23 Published for Home Office staff on 12 December 2016
Document verification
What is document verification?
Document verification is the process decision makers use to check that a document
provided by an applicant in support of their application (qualifications, funds,
sponsorship) is genuine. For example, that a bank statement showing funds are held
by the applicant, or a certificate showing a qualification was awarded a specific
institution is correct.
Travel documents
This guidance is about verification of supporting documents. It does not cover
verification of travel documents, which are documents that establish identity and
nationality. The examination of travel documents is undertaken by trained staff in
RALON, trained entry clearance officers or managers or by the National Document
Fraud Unit (NDFU) and the results of their examination will be recorded in a
Document Examination Record (DER). This DER must never be disclosed to the
applicant or a third party.
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How to record the result of a document
verification check
The result of a document verification check can come in a variety of formats which
depend on both the route and the result.
In the majority of cases where a document is verified as false, the person who does
the verification (the ‘verifying officer’) will produce a Document Verification Report
(DVR). A DVR is a standard format document which sets out the steps the verifying
officer (either you or someone in a dedicated verification team) has taken to verify
the document and records the result of the verification check.
The verifying officer must:
accurately complete all applicable fields on the DVR
record who was contacted at the issuing authority to verify the document and
that person’s role in the organisation
record the questions asked and the full response received
only record in the DVR the information received from the verifying authority
not engage in speculation which goes beyond the information received
state on the report the result of the check and the date it was completed
There will be no DVR where it is the Certificate of Sponsorship (COS) or the
Confirmation of Acceptance for Study (CAS) that has been verified since these are
checked against Home Office systems. If you carry out the check of the Sponsorship
database then you must take a copy/printout for the file of the screen shot of the
CAS/COS checker to evidence your refusal where you are refusing an application
because of a false COS or CAS.
In country DVR
A DVR will be produced either by the verifying officer in the Temporary Migration
Enrichment Unit, Permanent Migration Fraud and Verification Team or British
Embassy / High Commission in the country from which the document comes.
You must attach a copy of the DVR to the file for future reference and note the
contents of the DVR in the case notes on CID.
Out of country DVR
If you are in a post where there is a dedicated Enrichment team, they will carry out
the verification check. They will put a note on Proviso either stating that the
document is genuine, or that it is false with an accompanying DVR explaining why it
is false.
If you are in a post without a verification team and you carry out the verification
yourself then you must make sure that you produce as full a DVR as possible. You
must only record in the DVR the information you have received from the verifying
authority.
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For the sort of questions you should ask when you approach a verifying authority see
Questions to ask when verifying a document.
Notifications (Intelligence Reports) may be sent to decision makers when certain
documents of a specific type have already been seen and verified as false, advising
that all similar documents of that type should be treated in the same way. You must
take account of any such notifications when you consider the case.
In country, such intelligence reports are distributed to staff through their line
management chain. Out of country, they are distributed to visa centre staff by
RALON.
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How verification check results affect
the decision
How the results of document verification affects the decision depends on the result of
the check.
There are 3 possible outcomes from document verification:
genuine document
false document
unable to verify document / verification inconclusive
Genuine document
If the document is genuine then you can take it into account when you consider the
application under the relevant Immigration Rules and/or policy.
False document
If the document is false then you must not take account of the information in it. For
example, if a false degree certificate is supplied in a student application, you must
not award any points for the degree.
Submitting false documents affects the overall credibility of the applicant. You must
take account of this in applications where you assess the credibility or genuineness
of the applicant and in doing so; you must also consider whether it would be
appropriate for the applicant to be interviewed before deciding the application.
You must also consider whether to refuse the application on the ground that the
applicant has submitted a false document. This is either a mandatory or discretionary
refusal under the Immigration Rules, depending on which rules apply to the
application.
Evidence to support a finding that a document is false includes:
a DVR (either produced by you or somebody else)
information from a college
a RALON report identifying a trend in false documents (e.g. an invitation to a
conference which is already known to be false)
print outs from your search of the CAS/COS Checker
You must have sufficient evidence to show that a document is false, before you
refuse the application on the ground that the applicant has submitted a false
document.
For more detailed guidance on refusing an application on the ground that a false
document has been submitted see The decision.
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If you refuse the application on the ground that a false document has been
submitted, you must then go on to consider whether the applicant knew that the
document was false and therefore used deception. This is a separate consideration,
for more detailed guidance see Deception.
You must make an intelligence referral if a false document (including certificate of
sponsorship) has been submitted. For more information, see Referrals to
intelligence.
Unable to verify document
If the document cannot be verified or verification is inconclusive, then the approach
you take will depend on the type of application. See Deciding applications where
documents cannot be verified / verification results are inconclusive.
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Deception
When considering an application where a false document has been submitted, you
must also consider whether the applicant has used deception. You must not assume
that an applicant who has submitted a false document has also used deception.
The applicant has used deception if they knowingly submitted a false document. You
must consider whether, on the balance of probabilities, the applicant knew they were
submitting a false document. Examples of evidence that might support this finding
include:
evidence that the person paid someone to provide the document and that
person was not authorised to accept such payments and/or produce documents
of that type
the evidence relates directly to the person’s circumstances and they should
therefore have known it is false, for example it is reasonable to expect a person
to know what qualifications they have or where they studied or worked
the evidence contradicts claims or evidence that the applicant has previously
made or submitted
there are obvious deficiencies in the quality of the evidence that would be
apparent to the applicant
The above is not an exhaustive list and you must consider any other relevant
evidence that an applicant use deception.
Even if one or some of the above applies, you must also consider whether the
applicant may have a plausible explanation for why they did not know the document
was false.
If a third party submitted the false document you should consider whether that
person would benefit, as this may be evidence that the applicant did not know it was
false. For example there may be information about a criminal investigation into a
bogus college which supplied a false CAS or a legal representative who submitted
standard packages for applicants and there is no evidence the applicant was aware
of the evidence submitted on their behalf.
If you are unable to make an assessment based on the available evidence, you may
decide that the applicant should be interviewed before making a decision. At
interview the applicant must be asked about the circumstances in which they
obtained the documents as well as any other relevant questions about their
application. The answers given must be assessed in the context of the other
available evidence.
If it is more likely than not that the applicant didn’t know they had submitted a false
document then you must still refuse the application under paragraphs 320 (7A) / 322
(1A) of the Immigration Rules (paragraph V3.6 for visitors) on the ground that a false
document was submitted but you must not include wording in the decision letter
which states that the person used deception. For applications under Appendix FM,
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refusal on this ground is not mandatory but you must normally refuse the application
if a false document has been submitted with the application. For more information,
see The Decision.
If you do find that the applicant used deception you must explain why in the decision
letter.
After assessing whether deception was used, you must normally go on to assess
whether the applicant meets the other requirements of the rules, such as any
genuineness requirements. This applies whether or not you find that false
documents were submitted or the applicant used deception.
Standard refusal wording on false documents and deception can be found under
Refusal wording.
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The decision
Deciding applications where a false document has been
submitted, and where deception has also been used
Applications to which Part 9 of the Immigration Rules applies:
for out of country applications, where a false document has been submitted,
you must refuse the application under Paragraph 320 (7A) of the Immigration
Rules
for in-country applications where a false document has been submitted, you
must refuse the application under Paragraph 322 (1A) of the Immigration Rules
For both in and out of country applications, if you are satisfied that the applicant has
also used deception you must fully explain this in the decision letter. This is because
subsequent applications for entry clearance where Part 9 applies may also fall for
refusal under Paragraph 320 (7B) which results in an up to a 10 year re-entry ban.
You must also include a warning that subsequent applications may be refused where
deception has been used in a previous application.
Applications made under Appendix V: Visits:
for out of country and in-country applications, where a false document has
been submitted, you must refuse the application under Paragraph V3.6 of
Appendix V to the Immigration Rules
For both in and out of country applications, if you are satisfied that the applicant has
also used deception you must fully explain this in the decision letter. This is because
subsequent applications for entry clearance as a visitor may fall for refusal under
Paragraph V3.7 of Appendix V, which results in an up to a 10 year re-entry ban.
You must also include a warning that subsequent applications may be refused.
where deception has been used in a previous application.
Applications made under Appendix Armed Forces:
for entry clearance and in-country applications, where a false document has
been submitted, you must normally refuse the application under Paragraph
9(a)(i) of Appendix Armed Forces to the Immigration Rules
For both in and out of country applications under Appendix Armed Forces, if you are
satisfied that the applicant has also used deception, you must fully explain this in the
decision letter as subsequent Appendix Armed Forces applications for leave to
remain may also fall for refusal under Paragraph 322 (2). Entry clearance
applications on this route may also fall for refusal under Paragraph 320 (7B) which
results in an up to a 10 year re-entry ban. You must also include a warning that
subsequent applications may be refused where deception has been used in a
previous application.
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Applications made under Appendix FM:
in entry clearance applications, where a false document has been submitted,
you must normally refuse the application under Paragraph S-EC.2.2.of
Appendix FM to the Immigration Rules
in in-country limited leave to remain applications where a false document has
been submitted, you must normally refuse the application under Paragraph S-
LTR.2.2 of Appendix FM to the Immigration Rules
in in-country indefinite leave to remain applications where a false document
has been submitted, you must normally refuse the application under Paragraph
S-ILR.2.2 of Appendix FM to the Immigration Rules
For both in and out of country applications under Appendix FM, if you are satisfied
that the applicant has also used deception, you must fully explain this in the decision
letter as subsequent applications for leave to remain under Appendix FM may also
fall for refusal under Paragraph S-LTR.4.2 or Paragraph S-ILR.4.2. If the applicant
leaves the UK and applies for entry clearance under a route to which paragraph 320
(7B) or V3.7 applies, the applicant may be subject to up to a 10 year re-entry ban.
You must also include a warning that subsequent applications may be refused where
deception has been used in a previous application.
Applications under private life rules (part 7 paragraph 276ADE(1)):
it is not possible to make an entry clearance application under the private life
rules
in in-country limited leave to remain applications where a false document has
been submitted, you must normally refuse the application under paragraph
276ADE (1)(i) with reference to paragraph S-LTR.2.2 of Appendix FM to the
Immigration Rules
in in-country indefinite leave to remain applications where a false document
has been submitted, you must normally refuse the application under paragraph
276DE (c) with reference to paragraph S-ILR.2.2 of Appendix FM to the
Immigration Rules
For applications under the private life rules, if you are satisfied that the applicant has
also used deception, you must fully explain this in the decision letter as subsequent
applications for leave to remain on the basis of private life may also fall for refusal
under Paragraph S-LTR.4.2 or Paragraph S-ILR.4.2. If the applicant leaves the UK
and applies for entry clearance under a route to which paragraph 320(7B) or V3.7
applies, the applicant may be subject to up to a 10 year re-entry ban. You must
also include a warning that subsequent applications may be refused where
deception has been used in a previous application.
Deciding applications where documents cannot be verified /
verification results are inconclusive
For visit visa applications, you must take account of the fact that you were unable to
verify the document as genuine when you assess the application and consider
whether they should be interviewed before deciding their application. For more
information, see Visit: genuineness and credibility.
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Under the points-based system (PBS) you cannot allocate the points if you have
been unable to verify the document as genuine, as set out in the policy guidance on
document verification for the relevant PBS route, available on GOV.UK. You must
refuse the application because you were unable to award the relevant points for
attribute to which the specified document relates. PBS attributes and specified
documents are set out in part 6A of the Immigration Rules and the relevant
appendices to the PBS rules such as Appendix A - attributes. You must clearly
explain in the decision letter that:
you have followed standard procedures to establish the genuineness of the
document
you were unable to establish that the document was genuine and so you have
not taken into account the document
the points cannot, therefore, be awarded for the attribute which the document
relates to
You must accept the document at face value if:
you checked the document under the ‘other checks’ rather than the ‘verification
checks’ procedure set out in the points-based system migrant guidance for the
route in question
the result of the check is inconclusive
In Asylum cases, you must explain in your decision letter that you have been
unable to verify the document and explain what weight you have given to that
evidence t when making your decision. For more information on considering asylum
applications, see the ‘Assessing credibility and refugee status’ section of the Asylum
guidance.
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Handling DVRs
It is not Home Office policy to automatically send a copy of the DVR with a refusal
notice when an application has been refused on the grounds that a false document
has been submitted.
If the applicant requests a copy of the DVR, you can give them a redacted copy of
the report. This means removing the names of any individuals and their contact
details from the DVR to ensure no information about third party contacts can be
identified. Other sensitive personal data i.e. bank account details must also be
redacted. For information on how to redact a document, see Redacting and sending
electronic documents.
You must also ensure that the redacted version of the DVR is used for any litigation.
It should not normally be necessary for the court to see redacted information such as
the names of the personnel involved in producing it, order to assess this evidence. If
the applicant has appealed the decision and a redacted document would serve no
value in defending the appeal, a non-redacted DVR must be sent under closed cover
using section 108 of the Nationality, Immigration and Asylum Act 2002.
Section 108 does not apply in judicial review (JR) proceedings. If you are dealing
with a JR you can only disclose the redacted version unless you have permission
from the information owner (the team which produced the DVR) to disclose redacted
information. It will rarely be appropriate to disclose such information.
It is the caseowner’s (the person currently managing the application or
litigation resulting from the decision) responsibility to redact the DVR if
required. You must also keep an unredacted version on file.
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Dealing with requests to review the
decision on false documents/deception
You must not accept any requests to review a decision unless they are submitted in
the correct way.
Where an applicant has a right of appeal, they must use the appeals process if they
wish to challenge the decision. For further information, see the appeals guidance.
Where an applicant has a right of administrative review and wants the decision
reviewed, they must make a review request by applying for administrative review.
For further information, see the administrative review guidance.
Some applicants with neither a right of appeal nor administrative review may request
a reconsideration of the decision. For more information on when you can accept a
reconsideration request, see the reconsiderations guidance.
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Deceptioneffect on future
applications
If an application was refused because the applicant used deception, the effect that
this will have on future applications depends on whether they next apply in or outside
the UK and on the route under which they apply.
If the caseworker who considered a previous application found the applicant had
used deception in that application by submitting a false document, you must consider
how that impacts the current application:
you must take account of the deception finding if the applicant did not challenge
it or challenged it by exercising a right of appeal, administrative review or
judicial review but was unsuccessful and the deception finding was upheld
if the previous finding of deception was later withdrawn, or overturned by a
court, you must not take it into account unless there is conclusive new evidence
that deception was used
if the previous decision maker was satisfied that the applicant had not used
deception despite submitting a false document, then you must not consider
previous deception as part of the current application unless there is new
evidence that the applicant had used deception, such as:
o the person who confirmed that the document was genuine have now been
found not to be a credible witness, for example because they received
payments from applicants for falsely confirming documents were genuine
o the person who issued the document and claimed it was genuine has now
been convicted of fraud relating to providing false documents for immigration
purposes
o records of communications between the applicant and the person issuing the
document which confirm the applicant knew it was false
o new evidence from the issuing authority that the document is false
o new evidence that the person paid for the false document or was otherwise
aware that it was false
Out of country applications
Out of country applications may be refused for up to 10 years on the basis of
previous deception. Table 1 sets out the potential effect of a previous deception
refusal on the next application.
Table 1- Out of country
application
Refusal
paragraph
Effect of
deception in
previous
application in UK
Effect of
deception in
previous EC
application
Appendix V
paragraph
V3.7 with
Mandatory refusal
for up to 10 years.
Time period
Mandatory refusal
for 10 years from
date of application
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application
Refusal
paragraph
Effect of
deception in
previous
application in UK
Effect of
deception in
previous EC
application
reference to
V3.9 and
V3.10
depends on
when/how
applicant left UK
system
Part 9
paragraph
320(7B)
Mandatory refusal
for up to 10 years.
Time period
depends on
when/how
applicant left UK
Mandatory refusal
for 10 years from
date of application
Not applicable
No provision in
rules to take
account of
previous
deception
No provision in
rules to take
account of
previous
deception
Not applicable
No provision in
rules to apply for
entry clearance on
basis of private life
No provision in
rules to apply for
entry clearance on
basis of private life
Forces
Part 9
paragraph
320(7B)
Mandatory refusal
for up to 10 years.
Time period
depends on
when/how
applicant left UK
Mandatory refusal
for 10 years from
date of application
In country applications
There is no time limit specified in the Immigration Rules for refusing in country
applications on the basis of previous deception. Table 2 sets out the potential effect
of a previous deception refusal on the next application. You must consider the
proportionality of refusal on the ground of deception, taking account of whether there
is a presumption of refusal (where the rule states that applications will normally be
refused) or not (where the rule states that applications may be refused on this basis).
For visit appellations, refusal on this ground is mandatory if you are satisfied that the
applicant made a false representation in a previous application.
You can refuse the application in accordance with the relevant Immigration Rule set
out in Table 2 if refusal is discretionary but you are satisfied that:
the applicant did make a false representation in a previous application
it is appropriate to refuse the current application
For refusal wording, see Reasons for refusal wording.
For more information on general refusal grounds, see General grounds for refusal.
Table 2- In-country
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application
Refusal
paragraph
Effect of
previous
deception in UK
Effect of
previous
deception in EC
application
Appendix V
paragraph
V3.7 with
reference to
V3.9
Mandatory refusal
Mandatory refusal
system
Part 9
paragraph
322(2)
Discretionary
refusal
application will
normally be
refused
Discretionary
refusal
application will
normally be
refused
LTR
application: S-
LTR4.3
ILR
application: S-
ILR4.3
Discretionary
refusal
application may be
refused
Discretionary
refusal
application may be
refused
LTR
application:
276ADE (1)(i)
with reference
to S-LTR4.3
ILR
application:
276DE (c) with
reference to
S-ILR4.3
Discretionary
refusal
application may be
refused
Discretionary
refusal
application may be
refused
Forces
Part 9
paragraph
322(2)
Discretionary
refusal
application will
normally be
refused
Discretionary
refusal
application will
normally be
refused
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Questions to ask when verifying a
document
These are examples of the questions you might ask issuing authorities when seeking
to verify a document:
Banks:
o does the account/branch exist?
o is the applicant known to the bank?
o is the balance correct?
o is the statement genuine?
o does the signatory work at that branch?
o do the statement details match your records?
Educational Institutions (qualifications):
o is [subject / qualification] offered by your institution?
o did [Named Individual] attend your institution?
o were they awarded [qualification]?
o when were they awarded this qualification?
Employers (previous employment / earnings):
o did [Named Individual] work for you?
o what was their job?
o what were their dates of employment?
o how many hours per week did they work?
o what was their salary?
o are the wage slips genuine?
Other government departments
If you need to verify claimed earnings on a document against tax records held by HM
Revenue and Customs, see Her Majesty's Revenue & Customs.
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Reasons for refusal wording
You may use the following refusal wording when refusing applications on the basis of
false documents.
The wording has been separated out to align with the 3 part template for refusal
decisions currently used in country. Out of country colleagues should use the
wording in their templates.
Refusal wording for false document submitted with a current application
For the first page of 3 part template
Your application is [also] refused on the grounds that you have submitted false
documents in relation to your application.
If applicable:
I am also satisfied you have used deception in submitting that false documentation.
The reasons for this decision are set out on the next page.
Contribution to ‘What this means for you’ if you make deception finding
I am also satisfied that you have used deception in this application. This means that
future entry clearance applications may also be refused under the Immigration Rules
for a period of up to 10 years, depending on the type of application that you make.
The period of 10 years starts from the date that the deception was used in this
application for entry clearance/The period starts from the date you leave the UK
following this refusal decision.
For part 2 of the template - reasons
You have submitted ## in support of your application. We have standard procedures
for checking if a document is genuine. Having followed these procedures, I have
confirmed with the issuing authority / from our own systems that the document you
submitted is false.
[Explain as clearly as possible how you know that a document is false. Do you have
a DVR? How much detail does it go into? Did you check our own systems? Is there
an intelligence report?]
If applicable:
I am also satisfied that you have used deception in this application. I am satisfied
that you knew the document[s] submitted were false because [insert reasons].
Discretion consideration and refusal wordingfor Appendix FM/ Appendix
Armed Forces cases only
I have carefully considered the circumstances of your case, including whether I
should exercise discretion in your favour. I am satisfied that refusal is appropriate
because [reasons including what evidence has been considered and why discretion
is not exercised]. I therefore refuse your application.
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Wording to use when refusing an application due to previous deception
First page of 3 part template
Your application is refused because you used deception in a previous application.
The reasons for this decision are set out on the next page.
Contribution to ‘What this means for you’ if you make deception finding
I am also satisfied that you have used deception in a previous application. This
means that future entry clearance applications may also be refused under the
Immigration Rules for a period of up to 10 years, depending on the type of
application that you make. The period of 10 years starts from the date that the
deception was used in your application for entry clearance/The period starts from the
date you leave the UK.
For part 2 of the template - reasons
On [date] you made an application for [insert details]. You submitted [specify
document] in support of that application.
We have standard procedures for checking if a document is genuine. Having
followed these procedures, we confirmed with the issuing authority / from our own
systems that the document you submitted was false.
[Explain as clearly as possible the basis for the previous finding that a false
document was submitted. Then you must explain why you are satisfied that
deception was used, using the relevant paragraphs below. ]
If the previous decision included a deception finding, include the following:
The entry clearance officer/case worker who considered your application was
satisfied that you used deception in your previous application. They were satisfied
that you knew the document[s] submitted in relation to your application were false
because [insert reasons].
If applicable applicant has supplied further evidence or information about the
deception finding
I have carefully considered the explanation/evidence which you have provided about
your previous application. I am satisfied that the previous decision was correct
because [explain why new evidence does not alter previous findings. If applicable
and the person had a right of challenge against previous refusal, point out that the
applicant could have produced the evidence in that context.]
If applicablewhen you are making a new deception finding
I am satisfied that you knew the document[s] submitted were false because [insert
reasons].
I am therefore satisfied that you have used deception by making a false
representation in your previous application.
Discretion consideration wording
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I have carefully considered the circumstances of your case, including whether I
should exercise discretion in your favour. I am satisfied that refusal is appropriate
because [reasons including what evidence has been considered and why discretion
is not exercised]. I therefore refuse your application.
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Granted applications
For discretionary refusals, if you decide to exercise discretion and grant the
application when the applicant has submitted a false document or used deception,
you must explain in the case notes why you are exercising discretion.
You must use the ‘reasons’ wording from the refusal template in your decision letter,
to explain why you are satisfied that a false document has been submitted and, if
applicable, a false representation has been made.
Then include the following wording:
I have carefully considered the circumstance of your case. On this occasion I
have exercised discretion in your favour and decided to grant your application
despite the fact that you have submitted a false document/used deception.
This does not imply that the same discretion will be exercised in your favour in
future applications.
Future applications will be considered on their merits and the Home Office will
take into account all relevant facts including those relating to this application.’
For entry clearance offices who do not issue a decision letter when granting entry
clearance, you must provide the above information in a separate letter.
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