judge said yes, embassy says **** off

Hi, I really need some help here because I am about to explode with rage.

My wife is from Lagos, Nigeria and is still there. We married fourteen months ago and applied for a settlement visa. The immigration officer denied the visa on bogus grounds. We went to appeal and the judge was excellent, allowing the visa stating their was no grounds for refusal and it would be unlawful to do so.

Great, problem solved. or so we thought. Now Lagos embassy are refusing to give the visa saying they are looking for more evidence against us! They refuse to tell me anything about the nature of this. I am not allowed to speak to the officer dealing with it.

I have contacted all the relevant departments in the UK but they say it is now out of their hands and up to Lagos to decide.
WHAT!!

Apparently an immigration judges decision is worthless.

I fear the entire system is institutionally dearly beloved and the people I am dealing with in Lagos are pure evil.

How can they now look for more evidence when they came up with nothing but lies in the twelve months they were dealing with it.

It looks like the missus will be going on a long journey on the banana boat. jk

How long ago was the decision by the AIT? And exactly what was that decision? To remit the matter back to Lagos for reconsideration? Or to order the issue of the visa?

Hi John, thanks for you reply.

The decision was made nearly eight weeks ago.

to quote the judges report:

24. On the totality of the evidence before me, I find the appellant has discharged the burden of proof and reasons given by the respondent do not justify the refusal. Therefore the respondents decision is not in accordance with the law and the applicable immigration rules.


Decision: I allow the appeal.


The judge did not say the exact words "this visa shall be issued at such and such" however it is very clear that we have won the appeal and that the evidence given against us was rubbish.

Is the judge's ruling binding on Lagos?
Did he have jurisdiction over the dept in Lagos?
If so, then you have to go back to the judge for contempt.

Colin, you need to seek professional advice about this, if you have not already done so, and get your legal adviser to tell UK Visas/Lagos that if the visa is not issued by (say two weeks later) that legal action will be commenced in the UK Courts to force the issue.

And mean it! Action could be JR .... Judicial Review ..... a review of the decision by Lagos not to issue the visa after the appeal has been won by you, and lost by them.

Just the threat of such legal action will work wonders!

Also, if you have not already done so, contact your MP asap and get that MP to take up the matter on your behalf.

Thanks John, legal action is commencing. I may get my MP involved soon.
Apparently this kind of thing goes on all the time. I think it is disgraceful.
Our Uk embassies abroad treat people like they are sub human. I think it is about time they should be introduced to the 21st century.
Thanks for all your help.

I do not understand!!!
I think they may be taking time to write you a letter of apology
Why was your VISA denied in the first place??
Were you chasing your decision as I have heard that this hinder your application alot.
Was your case Simple?

Hi - this sounds like a case in which you need proper legal advice from an Immigration Solicitor who knows his judicial review stuff. Otherwise it could drag on and on.

What grounds was it refused on originally, by the ECO in Lagos?

Pretty sad but your experience typifies the attitude at the BHC in Nigeria. I am a british born nigerian with a british passport and i had a similar experience two years ago when my sister came over to see me. My sister had her visa refused and i appealed over here. The reason for the denial was flippant and annoying to say the least and i wont go into it. They are just power drunk over there! Decsion was in my favour and she was granted her visa eventually.

I wish you the very best !

Update!
Good news. the missus is picking up her visa on thursday.
thanks for your help and concern.

well done!

Colin wrote:Good news. the missus is picking up her visa on Thursday.

Great news! Now you can get on with your lives together!

How far did the threatening on legal action have to get? Were JR proceedings actually started?

Congratulations!