₦airaland Forum

@ mystikal,
i beleive you are making a point here. i beleive that you will be enough since u don pay school fees.
i can go ahead for the visa application but if you can still get another acct. will boost ur chances more.
i wish you all the best. but what u been doing after ur undergradute degree?u just finish ur first degree? let them know say u a industrious too,
no b only spoit pupsy boi alone oooooooo
all the best, hope u get that?

@vor, funkybaby,mr pataki .
i will like to ask if it is possible to go the HC with another admission letter for another school because my guy has gotten another admission from another school apart from the one he used to apply with, will they still give him the visa?
but the stresed that he must come to their office with same admission letter with the same course he earlier apply with.
Is it wise to change the school now?
pls clarify issues abeg

what programme are u going for? Undergraduate or masters?
from my own view, you will need to put every thing that matters wit ur application. i mean all.
but i will advise you to also look for another sponsor, because that amount u are talking of is small. i dont know which prog. u are going for yet. just look for another acct plus that one. and more seroiusly, are u d only one ur sponsor is taking care of educationally and besides, he is retired, are u the last born?look at that technical questions! aw many pounds u dey pay??
convert it to know which level?and for aw long do u intends to stay in the UK(grand total plus living expenses)
all the best. sorry for just replying

Thanks for the clarification my people. i really appreceate you guys. we got the scope here to tackle the points the ECO used to refused the Visa actually from you guys.
Thanks to Seun,Vor,funkybabe and your guys.
ese gan ni.

@mystikal
i think you should still wait abit till like middle of next month. if you go now, they will look for one excuse or the other telling you they will contact you in due course.
but if you really have all the docs required,you can go!but i am not advising you to go now. you still have plenty of time next month.hope all your docs are up-to date?

@everyone,
The HC has invited the guy for his Visa.
Thanks to you all!!!

Thanks to u all,
The HC has contacyed my friend.They ask him to come for his visa any time btw the next three months.

@mr Pataki,@Kitaun and others,
I thank una veri much.Infact i am very happy.why the racial descrimination thing is that we all no that all these UK universities get agent to canvass student for them , after we don pay huge amount of money for Visa, all they do is to refuse us Visa with baseless excuses?
is that not funny.
once again, i thank you all for the clarification jare. my mind don come settle down koolie.

@mr pataki,
i am not a visa agent,but i have a bit experience than my friend.I am just asking the question on his behalf.
And besides you never answered the question b4 nailing me. Ur post is funny. Keep it up.
@everyone,
can this friend of mine go ahead to request for his Visa?

@casper100,
can he go for the visa now. Is he not qualify to get his Visa?
or are u saying that because of that last sentence, did he still need to ask for review of the appeal or to contact BHC abuja for his Visa?
hope to read ur reply soon.

@everyone,
I will want you to read through this post and please let me know if this appeal is granted, if yes, what is the next step?
i am running out of time, 4 more day to apply for review of the appeal if need be. I want urgent response please.
Pls take a good look at the last sentence, does it means he cant go for his Visa because of that statement ?
pls i need urgent response!
God bless u
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.

@ 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.

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!!!!!!!!!!!

@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.

@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

Please i need the cable. I beg una for God's sake. I am ready to pay for the cable abeg.Just let me know how i can get one please.
Fellow nairalnders, pls make una respond, una too much. i dont beleive no one wont have come across someone using this fone b4.Pls feel free to respond to my post.

I am Patrick,B. Sc. Geography
Unilorin

@Shot,
u are rite.if the ipod is a fake one, once u format it, it will will start droping. most people claim that what they have is ipod, but the real fact is that na 'China made'.Shine ur eyes.
My roomate bought a fake one @12k and she didnt use it for a month b4 the thing pack up,a lady friend of mine also suffer the same lost,claimto buy her's @13k5,pack off after 1 month. but mine that is original, i have been using it for over past six month wiithout no wahala, got over 500 tracks on it and can still contain as much as dat.but those fake stuff cant take more than 100. so shine ur eyes.Ebeneser is telling u d Koko.
take care

pls i need the Mtn free gprs.my email id is :gusemanonline@yahoo.com

Dear nairalanders,
please i have been seriously searching for USB cable for my mistibushi M350 fone.
Please i will be glad if you can give me a clue on how to get one or where to get one. My location is Ilorin Kwara state.
looking forward for your guide my fellow country people. I don cee for this link http://www.gsmarena.com/mitsubishi_m350-reviews-782p13.php
but i dont have credit card to buy and i dont even know if the ship their product to naija?

@papabrowne, i really appericiate ur advise.You are the mean man. Thanks bro.

Fellow nairalanders,

Pls am a final year student in one of the Nigerian universities and i will be graduating this July.And i will like to travel abroad for Summer jobs before my NYSC.If there is any info you can give to me, pls be free to share it with me,experience they say it the best teacher.I believe i can acheive that aim.Feel free to email me, my id is gusemanonline@yahoo.com
looking forward to hear fro una o.
I remain yours Sincerely.

OK NIchodave,
i wish you all the best

@ Nicholdave,
I must say u made a big mistake by seding original copy of your O/levels with your appeal documents. it is very wrong.
YOu only submit originals and photocopies of your documents at the Visa Application Centres and it is stated that you should send only photocopise when appealing/
Just pray hard the get those documents but if they dont, it is your own fault ok?
They get hold of any documents that is original if they thing it is not a geninue one.
hope that has clarify things to you/

@VOR
i am sorry that i am just replying your message. all what u said is totally correct, the idea is straight and i love the king gesture.
I just mail the appeal package on behalf of my friends 3 days ago to the asylum and immigration tribunal in Leicester.
He appealed against the decision of the entry clearance officer since oct., but they just sent a notification letter to him this month that they just receive his appeal, though he sent it formally to abuja office. He had earlier mailed the AIT and there response was that they have no information about his appeal that was in November.
He has been offered admission to University of Leicetser for a foundation course,the admission letter was also included in the reply sent to the tribunal.
I will want to ask you that did he stand any chance of winning the appeal?
reasons for his visa refusal was that He applied for a student visa 10 days before resumption date, the ECO says he/she is not convinced that he is a geninue student despite the school email,fax, phone numbers and details on his application.
I wonder waht all these Oyinbo/s is turning us to o?
They just turn our country to revenue generation ground, 25k just like that? and all these UK school now have agent in Nigeria, scoping students to apply to their school/ At the end the embassy punks will now refuse one Visa.
I tire o

can anyboby help me with the game. I need it, my email address is gusemanonline@yahoo.com

@codec,
please i need the software to play playstation 2 on mu PC.
i know you have been helping people and i beleive any other Nairalanders with this software can forward it to my box<gusemanonline@yahoo.com>
I have been trying to get the game software but, i couldnt. pls i need your help, that is why we are our brothers keepers

Thanks to you all, my Ipod now works perfectly.I am so happy now.i seun ganni o. A good friend of mine help me out abit, but it now works.
@adefolabi,I geuss that u didnt convert the music to the right format b4 uploading it to your ipod,

@Alexis,
thanks so much.
I just met one of the cafe owners and he said he cant allow me to bring my computer to his cafe. a Unless laptop
But i of my friend helped me to copy itne 4.1, version on my ipod, i will tyr to run it when i get home mybe it will work since the software CD does not accompany my ipod.
Thanks 4 ur concern. i will check the site again cos i have once been there.
Thanks

I am a final year student of Geography and will like to pick up a career in Geographic Information System.
I will want any expert here in the field and any student trainee of GIS to get in touch with me, because i dont want to start running up and down after NYSC.
I need a Guide and promise to be a good student and any body with much computer knowledge*programming and software developing* and is willing to train me can also let me know.
I beleive in the future of Nigeria and i beleive one of the goals of nairaland is to Help each other.
I am counting my days in the University now, so i want to get myself busy with what i beleive will assist my future.Hope to hear from anyone soonest.
MY email address is >gusemanonline@yahoo.com
Thank you.

@VOR, I saw you online and i could have ask you some probing issues about appealing against student visa. i have a case with the tribunal presently, i need you to guide me.gusemanonline@yahoo.com is my email