Leveller for where?

Can i afford to buy a shirt at Harrods for £600? NO
Can Rich people do that? Yes

DO YOU KNOW WHAT HARRIET HARMAN says of the difference between the Rich and Poor in UK?

does anybody care if ken livingstone is taking the public train: no!
does anyone care if you are wearing a £600 shirt? No
do people give you funny looks while shopping at primark to sell at exorbitant price in ibadan: maybe

London is a leveler, nobody gives a hoot, nobody to oppress
except you are a city boy

@ presjany
I dont really get u, you work in a bank, yet u are loooking for an "arrangee sponsor', you were denied a visa for wrong reasons yet u didnt reapply or appeal, what's the lowdown?

Dis Guy:

do people give you funny looks while shopping at primark to sell at exorbitant price in ibadan: maybe

Not at all even in Netto,Aldi or poundland.

My friend, this is Visa advisory thread jare.

"There's no leveller in London ? No Sir.

Starting from Aeroplane, First class passenger goes through a "fast track" enroute to a different immigration officer, while poku lowo e wait endlessly and yet its a leveller.

@Ako

I think the way to put it is, London(UK) CAN be a leveller.
Not in every circumstance though.
Just to show you why, and carrying on from your theme about queuing
at the airport, the other day on a trip to Germany I saw William Hague waiting
in line at passport control at Heathrow.

VOR:

I think the way to put it is, London(UK) CAN be a leveller.
Not in every circumstance though.

Abi jare.

I don't want to go offtopic, i could have raised UK secondary and Grammar school stuff here.

@ LC,VOR and MrPataki

Yours truly will be away for a while on sabatical.

Please keep the flag flying and thanks for your contributions guys.

All the best.

Catch ya later

Akolawole:

Abi jare.

I don't want to go offtopic, i could have raised UK secondary and Grammar school stuff here.

@ LC,VOR and MrPataki

Yours truly will be away for a while on sabatical.

Please keep the flag flying and thanks for your contributions guys.

All the best.

Catch ya later

Ako

This your periodic disappearing act is beginning to make me wonder o.

@VOR and DisGuy

una thank you o for explaining to akolawole.

@akolawole

oga, where u dey run go? abeg, wait small. pls, i am still waiting for the link where you said you explained the cancellation of the uk visa appeal system. thanks.

Sometimes dangerous to backdate entry stamps on return to Naija. Why? because stamps do differ in colour and other ways for different entry periods and this is known by BHC. So if you backdate and they suspect and check it out, the individual may be in trouble. A very frequent flyer had this issue and the person was innocent. It took a lot to get the passport released. So what went wrong? Turns out that the mistake was made by immigrations in communicating the wrong stamp for that period to BHC!

London is a leveller oh!
Should I make mention of a former Secretary to the State Government(SSG) to Ogun State who had to stand in a tube when there was no seat . Could not stop laughing though. Because the man don chase me for him house once when I was chasing her daughters in those days.

@ my Ogas,
You guys are terrific!

@ lelele,
Yes you can ask for the decision of the Immigration judge via phone calls to the AIT!

Another success in the house!!!!!!!!!!!!!!

I just got a decision letter from the Immigration Judge that my two appeals have been allowed!!!!!!!

1. A student visa appeal

2. A visit appeal

All at the same time!!!!!

@ Akolawole,
You are simply just too good.

Do you remember me

@ mrpataki and VOR<
May God Bless you all!!!!!!!!

i am currently in UK and i wanted to bring my wife in UK but unfortunatly visa officer refused her depandand visa, now i appeal against the decision and this is taking so much time, in the mean time my wife got admission in uk university, can she apply for a student visa, in the mean time her dependand visa appeal is in progress

waiting for the answer

thanks

@Funkybabe

I hardly rely on links but praticabilityof the rule(s) in UK Courts.

You may choose to believe me or not.

@Pataki/VOR

I see your own angle to Leveller.

I have seen some of our big guns in ordinary capacity in the west as well.

Oladipo Diya, Kingibe to mention but few

There is definitely CLASSS.

@Yme

I remember the username but cant remember your situation.

@VOR

Body no be firewood jare.

Look at my number of post and time used on Nairaland

Catch ya later.

@VOR

Thanks so much 4 the frank advice. I'm very grateful.

@ everyone
isn't  there something the goverment(Nigerian govt) can do with all this guys that just refuse visas anyhow, for instance in my case i paid 6500 pounds to the school was refused, i was willing and ready to study in  the U.k, but now that i havewon an appeal  first the money no dey ground again and tuition fees don increase by 1250 pounds making it  12500 pounds, i don sit for house 1 year doing nothing all because of one foolish ECO( i dont want 2 use derogratory terms for d guy), i just think this is criminal and govt, which isthe institution responsible for law and order should take proper care of those rogues( just mt outburst)
mrpataki
thanks i actually called and i have confirmed all i need to confirm, i have started the 56 days countdown(because that stupid Eco can claim that he didnt get it until after 28 days)

unfortunately the government's duties do not extend to forcing a foreign country to grant you a visa to go and study.

lelele:

mrpataki
thanks i actually called and i have confirmed all i need to confirm, i have started the 56 days countdown(because that stupid Eco can claim that he didnt get it until after 28 days)

Give them some time to receive a letter from the Home Office and then I suggest that you make a copy of the AIT letter sent to you and drop them off at the BDHC if you are in lagos. You just may get a faster response than if you waited for them to contact you.

angellove:

i am currently in UK and i wanted to bring my wife in UK but unfortunatly visa officer refused her depandand visa, now i appeal against the decision and this is taking so much time, in the mean time my wife got admission in uk university, can she apply for a student visa, in the mean time her dependand visa appeal is in progress

waiting for the answer

thanks

There is nothing stopping you from applying for another class of Visa even when you have an appeal going on in respect of a visa you had applied for earlier.

@ Akolawole, VOR, LC, et al,
Will also be doing an on and off situation here on Nairaland. Lets keep the good work going though.

mrpataki:

There is nothing stopping you from applying for another class of Visa even when you have an appeal going on in respect of a visa you had applied for earlier.

@ Akolawole, VOR, LC, et al,
Will also be doing an on and off situation here on Nairaland. Lets keep the good work going though.

True, there is nothing to stop you applying but you can be 99% sure your application wil be
refused or at best you will be "advised" to withdraw the application pending the resolution
of your outstanding appeal.

VOR:

True, there is nothing to stop you applying but you can be 99% sure your application wil be
refused or at best you will be "advised" to withdraw the application pending the resolution
of your outstanding appeal.

Sir,
Not so true in most cases. I have a cousin of mine, who applied for a student visa, last year september was refused, I personally drafted out the grounds of appeal, in december again, applied for a visit visa, when there was apparently a vicissitude to his case, was given after a letter of refusal but after reconsideration on the errors of the ECO his visit visa was approved.

Now, the appeal has been allowed!

With this new Prime minister, Gordon Brown resuming in 10 Downing Street 2day, UK is set to have another tranche of new policies. The media says they ve dissolved the existing cabinet, and they re about to set up a new cabinet.So I feel we shld be getting ready 4 another review of UK immigration rules.

or Wat do U guys think?

hi lelele

@lelele,,,,,,,,,,
i want to know if u have got the determination papers, if yes, when did u get them, cause i'm in tense about them, i just want to estimate my case cause there is only 10 days difference b/w mine and ur appeal, when did u get ur determination papers , thanks

@VOR,mr Pataki,Akolawole Ayinla, and the rest,
Pls i am in serious need of you guys assistance.There was a time i once seek for advise pertaining to one of my friend Visa refusal.
we appeal and i just got the determination letter today.According to the Judge that reviewed his case, his appeal has been allowed, what do this mean?we win??

secondly,The decision of the judge goes thus:

The appeal is allowed under the immigration rules

The appeal is dismissed under S84(1)(b) (race discrimination).
What is the next step for me to take becuase i have only five days more to respond to AIT.Pls i want a genral enlightment.
Because i was able to defend all the reasons baseless excuses the ECo gave with enough evidence.But there was a place where i wrote that i beleive that Nigerians are generally being refused visa even with all documentaion needed supplied.out of over 100 Nigerians that received their package on 2nd oct.2006, only 2 wwere given visa even if up to two, that really makes me feel so bad after they don collect 25k from each of us.
Please i need una Help, what is the next step or advise me on what to do,time is running out

@Vor,Mr pataki,Big_bumper,funkybaby,Ako,and all other immigration expert in the house, please i am at a cross road.

The appeal of my friend was allowed according to the immigration judge, but this decision is not too clear to me,I have taken time to read this thread from the beginning to this last page and it has really enrich my knowlegde about appealing against visa refusal.

Acccording to the Judge. the appeal was allowed but the last stament was disturbing that the appeal was dissmed under S84(1)(b) race discrimination)??

It was clearly stated that the appeal is allowed under the immigration rules, but the above statement is giving me sleepness night.

the confusing issue is that the appeal is allowed under immgration rules(the first statement under decision segment).
and
also the second sentence is saying that the appeal is dismissed under S84(1)(b) (race discrimination).
Pls all Nairalanders, i need upper clarification!!!!!!!!!!!

@Guse

Without going into the technicalities of the determination(decision)
basically your friend has been successful and barring any other
issues the BHC should grant him his visa.

@lelele,,,,,,,,,,
i want to know if u have got the determination papers, if yes, when did u get them, cause i'm in tense about them, i just want to estimate my case cause there is only 10 days difference b/w mine and your appeal, when did u get your determination papers , thanks

@ VOR,
Bros i feel you.Lets look at the technicalities of the decision,becos all day my mind is still glued to what the result is-i mean b4 we begin to jubilate!
I have typed the determination letter just as exactly the Immigration jugde sent to me.
then if really that he has won what next should we do?because i was thinking to contact AIT in case he did not win the appeal.Please take ur time to read through:

DETERMINATION AND REASONS
1.The appellant is a citizen of Nigeria, born in 1983.He appeals against a decision of the Entry Clearance Officer, Abuja on 22nd September 2006 under paragraph 57 of HC 395 to refuse entry clearance as a student.

2.It is stated in the notice of appeal that no oral hearing is sought, but that the case be dealt with on the basis of the information on file. I exercised my discretion to deal with the case under rule 15 of the asylum and immigration tribunal (procedure) Rules 2005 without a hearing.

3.The refusal letter reads as follows:
“You have applied for entry clearance to enable you to study in the UK and have completed an additional questionnaire to assist your application. I have carefully considered your application on the basis of your passport, application form, supplementary questionnaire and the papers you have provided. You have declared that the information you have given is complete and truth to the best of your knowledge.
However, I am not satisfied, on the balance of probabilities, that you meet the requirements of paragraph 57, and in particular:

That you intend to follow your proposed course of study.

That you are able to follow your course of study.

That you intend to leave the United Kingdom at the end of your proposed study.
Because:
Your offer letter states that your course commenced on 18/09/2006. This date has now lapsed. I am mindful that you applied within time, however I do not find it credible that a genuine student will apply only 10 days before the start of his course. When it is common knowledge that this is the busiest time of year for students. In the absence of any further evidence that you will be accepted beyond the 18/09/2006, I am not satisfied that you still remain acceptable on you chosen course”

4. The standard of proof is the balance of probabilities. Under section 85(5) of the Nationality, immigration and asylum Act 2002 in an appeal against refusal of entry clearance, the tribunal may consider only the circumstances appertaining at the time of the decision to refuse.

5.Paragraph 57 of HC 395 states the requirement to be met by person seeking entry clearance as a student.
Paragraph 57 (i) requires that He “has been accepted for a course of study……”
Paragraph 57 (ii) requires that He “ sis able and intends to follow (his course )”
Paragraph 57 (vi) requires that He “intends to leave the United Kingdom at the end of his Studies.”
6.In a further letter(8th November 2006) following the receipt of the notice of the appeal expanding on the 57 (ii) and (vi) grounds , the ECO stated that the appellant had “failed to provide any reason or explanation for the late submission of his Visa application.” Further, the Eco was still not satisfied that the appellant would be accepted on the course. The ECO concluded that he was not satisfied that “such apparent lack of planning and preparation demonstrated a genuine interest in, and commitment to, the proposed course of study.”

7.In considering, first, the comments that the appellant sought entry clearance only 10 days before the start of the course, I not the relevant dates on the documentation. There is a letter dated 10th of August 2006 from the University making an Unconditional offer to study English for University studies Level 3 course at Oxford Brookes University beginning on 18th September 2006. He states in the grounds of the appeal that He got the admission letter late because he changed address. The appellant also states in the grounds of appeal and it is confirmed by the documentation that he applied online to the High commission for entry clearance on the 31st August 2006. A manual application is dated 8th September 2006.

8.In submission dated 21st January 2007 he states, correctly, that most schools in the UK normally start their academic year by September. He adds that most will not send the full admission package until “July or August ending, and such is “one of the reasons why many students from Nigeria put in their application at that time.” That the ECO in the refusal notice states that the time the appellant sought his Visa “is the busiest time of year for students” would appear to support the Appellant’s claim in that Regard.

9.On the evidence before me, the appellant satisfies me that he had good reasons for seeking entry clearance so close to the course start date. As such I do not find merit in the ECO’s comment in his letter of 8th November 2006 that the late application showed a lack of planning and preparation and thereby a lack of interest in and commitment to, the proposed course.

10.As the ECO’s conclusions on intention are based on what I find to be his incorrect comments on the Appellant’s late application, the fall away. I see nothing, and the ECO says nothing, on any other aspects of the evidence from which it could be inferred that the appellant does not intends to follow the course or leave at the end of it. Nor is there any evidence from which it could be inferred that the appellant is not able to follow the course. He satisfies 57 (ii) and (vi).
11. The remaining issue is whether there was evidence that the appellant would be accepted beyond the 18th September 2006 start date. The Eco refers in the letter (8th November 2006) following notice of appeal to an email from the university stating that the last date the appellant could be accepted on the programme was 6th October 2006. It is pointed out that the email is dated 25th September “one full week” (in fact three days) after the refusal decision. Therefore “the ECO could not have had sight or knowledge in making his decision.”

12. Such may have been so but it does not make that evidence inadmissible. S85 (5) of the 2002 act does not mean that evidence that was not before the ECO cannot be produced at the appeal: it can. What it does mean is that only evidence that relates to the circumstances existing at the date of the decision will be considered. The email comes within that category. It concerns a valid application for entry to the same course beginning at the start of the academic year in September for which the University has a deferral policy. The email evidence, which I find to be admissible, shows that the appellant has been accepted for the course. He satisfies paragraph 57 (i).

13. I make two final points. In his grounds of appeal and elsewhere the appellant criticizes the ECO for failing to make checks with the University before making the decision. The appellant should be aware, as the ECO pointed out that the onus in establishing that the relevant provisions of the immigration rules are satisfied lies solely with the applicant.

14.More seriously, in his grounds of appeal the appellant wrote “the decision is unlawful because it racially discrimates against me….He has produced no evidence whatsoever in support of that allegation and I reject it under S84(1)(b) of the 2002 Act.

15.For the reasons stated the appellant satisfies paragraph 57 (i), (ii) and (vi).
16.I have dealt with specific areas of concern, which led the ECO to refusal the visa under paragraph 57. I have not dealt with other sub-paragraphs because the ECO has not raised them nor has the Appellant been forewarned to address them.
On that basis I allow the appeal.
DECISION
The Appeal is allowed under the immigration rules.
The appeal is dismissed under S84 (1)(b) (race discrimination).
Signed.

Fellow Nairalanders,
why i pasted the last post was to assist other Nigerians that might in need of help on issues like my friend's case.comments and questions are all welcome or feel free to ask me any question.

@guseman,,,

        your appeal has been allowed, but the judge didn't agree with one thing which the appellant has putted in the grounds of appeal, that is,,,

14.More seriously, in his grounds of appeal the appellant wrote “the decision is unlawful because it racially discrimates against me….He has produced no evidence whatsoever in support of that allegation and I reject it under S84(1)(b) of the 2002 Act.

so therefore the judge wrote,

The appeal is dismissed under S84 (1)(b) (race discrimination).

it means the judge didn't agree with that sentence

Although,,,,He agrees with all other grounds of appeal,

Because i was able to defend all the reasons baseless excuses the ECo gave with enough evidence.[b]But there was a place where i wrote that i beleive that Nigerians are generally being refused visa even with all documentaion needed [/b]supplied.out of over 100 Nigerians that received their package on 2nd oct.2006, only 2 wwere given visa even if up to two, that really makes me feel so bad after they don collect 25k from each of us.
Please i need una Help, what is the next step or advise me on what to do,time is running out

did you actually put that there?

however I do not find it credible that a genuine student will apply only 10 days before the start of his course.

i think you should be getting ready for the apeal by now, goodluck

@everyone

My UK student visa was refused on 9 october 2006, then i appealed on 6th november 2006, huh it tooks a long time, they gave 76 days time to ECO to file appeal bunde by 1 March 2007. but he couldn't, then AIT gave him more 56 days time to file that bundle without any further delay.

but he still haven't filed an appeal bundle till the hearing. now it was my appeal hearing on 8th may 2007, since then i haven't receive any aknowledgement of AIT.

The AIT said my appeal will be heard at the earliest available oppurtuinity, My Appeal was not heard on 8th may cause there were so many paper cases awaiting to be heard by Adjudicator,,,thats what i got through email, but now i can't email them cause i'm getting undeliverable message.i got that email on 4th june, could anyone tell me my appeal has been heard or not.

all i want to know whats the maximum time for an appeal (paper hearing)  to be heard by an immigration judge.
                                                              Thanks