There is an increasing tendency by decision makers in entry clearance and leave to remain applications to place reliance on the general grounds for refusal. Minor offending, a history of overstaying combined with illegal working, minor omissions in application forms or in tax returns are just a few examples of acts triggering intervention under paragraph 320.
Everyone doing immigration casework sometimes faces decisions based on the general grounds for refusal. But the labyrinthine Rules, evolving case law, and ever-changing Home Office guidance, are hard to keep up with.
We deal with practical solutions and innovative arguments at every stage of the process, from planning the application to challenging refusals on administrative or judicial review, and on appeal. We cover:
- The boomerang burden of proof
- Managing minor offending: from non-disclosure to proportionality
- Breaching conditions
- Addressing application form errors
- Untangling inconsistencies between tax returns and extension applications
- Review both the mandatory and discretionary aspects of the rules;
- Appraise the relevant guidance relating to the use of the same;
- Direct delegates to critical cases;
- Offer guidance on the preparation of applications and reviews where the mandatory grounds of refusal operate;
- Describe the proper approach to paragraph 320 (11) so as to better enable the preparation of applications