Stubborn Entry Clearance Officer?

Hello people, I'm a british citizen by birth and I've been fighting the british immigration law for about five years now just to get my daughter into this country for a visit. I eventually applied for a settlement visa for her which was also refused. We appealed against that decision and lost then we took it to an immigration tribunal and had it overturned. The Entry Clearance Officer in Lagos Nigeria was instructed to issue the visa without delay but nothing has happened so far.
I understand there is a 56 day waiting period for the ECO to challenge the decision. This has expired over a month ago and nothing has happened. It's impossible to get in touch with Lagos and the "UK Visas" office here in the UK are not being very helpful at all.
It seems to me that these guys are not happy that they've had their decision overturned.
Can someone advise me whether I can take legal action against the Home office or any kind of action that will make them get their finger out and issue my daughter with the visa pronto. I'm getting pretty desperate.
Thanks in advance for any advice.

Jono wrote:I'm getting pretty desperate.
Thanks in advance for any advice.

Have you spoken with your constituency office about the situation?

Best is to involve your local MP and lodge a formal complaint with the parliamentary ombudsman.

Jono,

My take on this from your post is:

1. You applied for a settlement visa which was refused.

2. You appealed agains the refusal to Tier 1 of the Immigration Appellate Authority(IAA) = Immigration Adjudicator.

3. This appeal was refused.

4. AFAIK any party losing a Tier 1 appeal has 56 working days from the day they are notified of the adjudicators decision, to apply for leave (permission) to appear before Tier 2 of the IAA = Immigration Appeal Tribunal. In effect you ask the IAT to let you bring an appeal to them. It appears you did this.

5. The IAT overturned the initial refusal as well as that of the Adjudicator. They then directed the Home Office to issue a visa (the HO would transmit the directions to the ECO in Lagos).

6. AFAIK any party losing a Tier 2 appeal (in this case the HO) can apply to the IAT for leave to bring the case before the Court of Appeal for a final review on a point of law. They have 10 working days from the date they received the IAT decision to do this. What was the date of the IAT hearing? IMHO the HO are unlikely to take the matter further unless there are issues around setting precedent case law - are you able to tell us why the settlement application was refused in the 1st place?


Contact the IAA on 0845 6000 877 quoting your file reference and find out the excact position of the case - they may tell you the HO have applied to take the matter before the court of appeal. In parallel contact your local MP for assistance on the matter - the least this will do is expedite the process.

Good Luck

Thank you all for your replies and advice.

I was able to speak to an adviser at the UK visas office here in the UK as to what's going on about my daughter's visa. He reckons they are about to give me some info within the next couple of working days.
My next course of action will depend on what kind of information they give me. Hopefully it will be a date for collection of the visa.

Kayalami, the date of the IAT hearing was 3rd March 2004 and the date on the determination paperwork sent to Lagos is 17th March 2004. They've had their 10 days I guess.
The whole reason why the initial application was refused is to do with the issue of "Sole Responsibility" which I'm claiming. My daughter was born in Nigeria while I was over there but my daughter has been raised by my mother in Lagos. The ECO even denied her visits to the UK on two ocassions.
The fact that my daughter's mum still sees her, albeit about 4 times a year, complicated issues from the word go as I was claiming sole responsibility. Even though her mum is still alive, I make all the important decisions in her life and have all the financial responsibility.
The adjudicator at the first appeal refused it just on the flimsy excuse of Western Union receipts dating from 1997. He couldn't understand why I hadn't used WU before 1997? Why should I use WU when I can send it thru people, commission free?

I haven't spoken to either my Local constituency office or my MP about it yet guys, but I might have to do that very soon.

I'll keep you posted as to any developments in the matter.

Thank you all very much.