₦airaland Forum

leeon2011: Hello I need help I mail tribunal for my hearing outcome

And they say to me des I really

The Tribunal will not issue immigration decisions to appellants that have a representative based in the United Kingdom



what exactly they trying to say

The Judge has allowed my appeal, but the visa section doesn’t have a copy of the decision. Why?
When an appeal is allowed, the UTIAC will forward the Tribunal determination to you, your representative and the Respondent (the UK Border Agency). This is so that any party who wants to challenge the determination on a point of law can do so. The UTIAC aims to do this within 12 working days of the hearing. The UK Border Agency will let the Entry Clearance Officer know of the decision. The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks.

The visa section has received a copy of the decision but is yet to issue my entry clearance. What happens now?
When the Entry Clearance Officer (ECO) receives a copy of the decision, they will link it to your file and take one of the following actions:
They will contact you regarding the issue of your entry clearance. The visa section will aim to contact you as soon as possible but this can take up to 4 weeks.
When the Judge has allowed an appeal the ECO will confirm whether you still wish to travel, the category of entry clearance required and whether there has been any change of circumstances. This may require another brief interview and the need to see further documents. The entry clearance should then be issued unless there has been a significant and material change of circumstances since the refusal decision, or a material deception has come to light of which the Judge would be unaware.
Once the UTIAC has given its decision, it is no longer within our jurisdiction. There is very little that we can do to speed things up. If you are waiting for a visa to be issued, we recommend that you contact the ECO for an update. Contact details can be found on the UK Border Agency – Visa services website.

The Judge allowed my appeal some time ago. Why has the Visa Section not contacted me about my entry clearance?
Once the UK Border Agency have reviewed the determination and have decided that they are not going to challenge the decision, they will inform the ECO by sending a copy of the determination to them by their internal postage system. The ECO is unable to issue a visa until they have received the copy of the determination directly from the UK Border Agency. Please note that this can take at least 4 weeks.
When the ECO receives a copy of the decision, they will link it to your file and assess what action is to be taken. You will then be contacted about your entry clearance. This process can take up to another 4 weeks at busy visa sections such as Islamabad, Addis Ababa, or Kingston.

The Judge allowed my appeal, but the Entry Clearance Officer has refused to issue my entry clearance. Why can they do this?
If there has been a significant and material change in circumstances since the refusal decision, or a material deception of which the Judge would not have been aware, the ECO can refuse an allowed appeal. However, you would have a further right of appeal against that decision.

justwise: The article said: providing they are not here illegally...bla bla bla, which means as long as they not here illegally, as visitor....

You must not be in the UK as a visitor, or with leave for 6 months or less (unless you are here as a fiance or proposed civil partner), or here with temporary admission. Your current stay in the United Kingdom must be lawful. You should not be here illegally or have remained here once your permission to stay has ended. We can however, overlook a period after your leave to remain ended.

justwise: https://www.gov.uk/government/speeches/statement-of-changes-in-immigration-rules--5


Read the part that reads:
I am making changes to the rules for dependants in the Points Based System and other work routes, following the High Court judgment in R (on the application of Zhang) v Secretary of State for the Home Department. The changes will allow dependants to apply from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements.

Strauskhan1: Ghana is dead . I don't know how to xplain this but its likely Nigeria lifts this world cup

Proudlygemini: I cam across the post and wanted to ask a few questions. Does this mean that someone with a general visitor visa for 2years can switch to a spouse visa while in the uk. Reason i'm asking is because my husband is british and we plan on settling in the uk soon, he wants me to extend my tourist visa to 2years and while i'm in th uk switch to d spouse category. pls is this possible and what do u advise

I am making changes to the rules for dependants in the Points Based System and other work routes, following the High Court judgment in R (on the application of Zhang) v Secretary of State for the Home Department. The changes will allow dependants to apply from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements.

damyoyepitan: Once it gts to court and dey stil don't chnge deir mind,den what happens.also wen wil I gt dis determination .to no when the hearing will take place.

damyoyepitan: Hi justwise ,girlflo and others in the house ,so. I got a message from sheffield saying ..Thank you for your email. Your appeal was reviewed by one of our ECMs and it was decided that the Refusal would be upheld by our office. The appeal bundle has now been sent to the Courts & Tribunals Service for the hearing scheduled on: 27/03/14

There is nothing that our office can do now regarding speeding this process up.

Kind regards,

J Colton
Pls what can I do now .

ogakpatakpata: .

You are always welcome. Cheers.

ogakpatakpata: .

1. Both emirates are good,but, personally in my opinion, l will prefer Dubai because it attracts more tourist than other emirates and like some people do say, all the fun begins and ends in dubai.

2. Emirates & Etihad are the most popular because they are both based here in the UAE, but, personally l prefer Etihad, they are cheaper/flexible compared to Emirates airlines, with Etihad you can arrive the UAE and scan for cheap hotels/family accommodation yourself ,but, Emirates airlines are too rigid, they will want to book your hotel accommodations for you unlike Etihad that allows you do that yourself. l also know that rwanda airlines seems to be the cheapest but, l was told by friends that it makes noise like MOLUE... .

3. In my honest opinions, l will recommend Etihad airlines to/for you

Goodluck & wish you and your spouse and enjoyable holiday in the emirates.

damyoyepitan: Girlflo.so I mailed dem @ sheffield and got dis

Thank you for your email.

Your appeal is currently being reviewed by one of our ECMs and the decision will soon be made to either overturn the original Refusal, or to uphold the decision and send it to be decided by the Courts & Tribunals Service.
Does it not seem faster as d just got d bundle on nov 14th,

damyoyepitan: Thnks target and girlflo.can I send new docs as well like stamp pages of my hubbys passort since his been in nigeria twice since I got refused.

Damyoyepitan: When he receives the appeal, an Entry Clearance Manager at Sheffield has the opportunity to review the refusal of Ms Adeyemi’s visa application. If he is satisfied, he can arrange for a visa to be issued. If not, the appeal will be heard by the Tribunal...
So dt march 27 is dt d date am to wait for ,plus can we stil submit documents to sheffield from now till date time .pls advice .

comfortmuniru: everybody in the house please help me praise the name of Lord!, the name that is above every other name, i just got my spouse visa today, was scared to death because i applied just on the 9th of october and i am here with my visa just 1 month, and the visa was issued on the 29th of october so it took just three weeks. please i am overjoyed. thank you justwise, girflo, everyone in this forum. u pple are just too good, please keep doing what you are doing. God will always reward you. i am around if anyone needs advice or wants to knw the documents i submitted. thank you all so much. God Bless

Mrs F: Hi guys!!!
I finally got my Visa today aftr 2 refusals and an appeal which is stil ongoing!!
Thnks to every1 on dis forum yu guys hv bin awesome! Goods news I hv gottn here gve me hope dt one day all dis wd end!!
Thnks every1!!

Ebeano49: It is with indescribable joy that I inform the house that my wife received an email from Sheffield this evening advising that her refusal has been overturned!! We will be forwarding her passport to Sheffield first thing tomorrow morning via DHL. I thank everyone in this forum for all your advise, support and prayers. Above all, I thank God almighty for His grace and kindness. For those still waiting, I pray God will also intervene in your cases and grant you your heart desire in Jesus name. Amen!

Tofunmi2: Dis Guy
Thanks.
Can I ask for my passport while they continue with the visa process cos I av paid for it already.

Cheers

Flight fright: Stowaway passenger found dead at Heathrow in landing gear of British Airways plane

23 Aug 2012 20:15

Police were called when crew made the grim discovery on the British Airways Cape Town to London flight

The body of a stowaway was discovered in the landing gear of a plane at Heathrow today.

Police were called to the busy airport when crew made the grim discovery on the British Airways (BA) Cape Town to London flight.

The man has not been identified, but the Airports Company South Africa said a man was seen scaling a fence at Cape Town International Airport last night.

Security guards had chased the man, but lost sight of him.

A spokesman for BA said: "We are liaising with the South African authorities and Cape Town airport after a body was found in the landing gear bay of one of our aircraft.

"They are investigating how this incident took place, which involved a Boeing 747 which arrived this morning from Cape Town.

"This is a very rare and sad event and our thoughts are with the individual's family."

A Metropolitan Police spokesman said the man was not a passenger or member of air crew.

They added: "The death is being treated as non-suspicious.

"Enquiries are ongoing to establish the man's identity."

Flight fright: Stowaway passenger found dead at Heathrow in landing gear of British Airways plane

leeon2011: Hi
@girlfoi
@ justwise
Can u give me Mp letter format plz
I dont know what to write so plz any one can help me

Dear ... MP....

I am writing this letter in regards to settlement visa application for wife and son in Lahore, Pakistan. Their application was submitted to British High Commission on 17th May 2013 and time frame for such applications advertised by Home Office is 90 days which has been passed but we have not heard anything from them.

I don't mind waiting longer for visa application to be processed but we have circumstances which needs urgent attention. I applied for my son's school admission in Essex County School for September 2013 enrolment and they advised me that his application can not be dealt with unless they see his UK Visa.
I explained situation to Essex County School that his Visa application in its final days and should be dealt with any day now but school is unwilling to help us.
Now problem what we have is, if embassy takes another month or even longer process application and to issue visa then child will lose space in school and potentially one year of his education as deadline for admission would have been passed by then and school would not be accommodating any further admission applications due to limited spaces in school.

I would also like to bring this to your attention that according to Home Office website what they have mentioned:

If our visa processing service is experiencing delays, we will publish a news story on this website to explain what is happening. You can find recent news stories on the right side of this page.
If we have taken more than 3 weeks (for non-settlement visas) or 3 months (for settlement visas) to process your application, and we have not published a news story to explain the delay, you can email the Gerry's, who will forward your email to us for reply.
You can find their contact details on the Gerry's in Pakistan website. We will not respond to your enquiry if you contact us before this time has elapsed.

And they have not mentioned anything if they are experiencing delay.

Therefore I would request you to look into this as a matter of urgency and ask British Embassy in Pakistan to deal with my wife's and child's application urgently. For us its not only the matter of waiting but also the one year of my son who will not be able to get admission this year because embassy took longer than their standard advertised time scale for such applications.


Details of my wife and child's application are as follows.



Name: ------ ----
D.O.B: 00/00/0000
Application Submitted on 17/05/2013
Application Reference Number: LHE/000000/000000/0
Nationality: Pakistan

Name: --- -----
D.O.B: 00/00/0000
Application Submitted on 00/00/0000
Application Reference Number: LHE/000000/000000/0
Nationality: Pakistan

damyoyepitan: Hi girlflo and others ,pls I wanted to find out the next step aftr lodging an appeal and review and when we expect to hear from dem back concerning the dates and all.

What actually happens after you submit an appeal against the refusal of a settlement visa ? Well, in theory two things happen. Firstly, the appeals process begins. In reality, you are sent an acknowledgment that the appeal has been received, and then nothing happens for some time. Secondly, a process called the ECM review is supposed to happen, but does it ? I want to concentrate on the ECM review process.

An ECM review of the application and decision is mandatory in every settlement visa refusal. The term "ECM review " is slightly misleading, however, as ECMs rarely do the review themselves. They normally delegate it to an ECO, and they have the right to do so. The ECM must, however, sign off the review with a decision to either reverse the refusal decision or allow the decision to proceed to appeal. As some of us know, the decision from the ECM review, even if it reverses the original refusal decision, can take up to four months to happen

Now, the important part. There is guidance , in the public domain, regarding the ECM review. It can be found in the Entry Clearance Guidance on the UKVISAs website. That guidance states:




How should the ECM Appeal Review be conducted
On receipt of an appeal, the ECM must review the ECO decision taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The ECM must decide to maintain the ECO decision or concede in light of the grounds of appeal.

Where an appellant provides evidence which appears to discharge the burden of proof and satisfactorily addresses the reasons for refusal the decision should be overturned and a visa issued.

If a decision has been taken to overturn the refusal and issue the visa, Post should write to the appellant within 10 working days requesting submission of the passport. Proviso should be updated accordingly. This 10 day time-frame is intended to minimise delays for appellants who have satisfactorily addressed the reasons for refusal.

For me, there are two important points in this guidance. Firstly, in the first paragraph, it states " on receipt of an appeal……………….". It doesn't say, for instance, after the appeal has been received and when the ECM decides to do it, a review should be carried out. It specifically says " on receipt ". The second point is that there appears to be a specific time-frame in this guidance. The third paragraph states " If a decision has been taken to overturn the refusal and issue the visa, Post should write to the appellant within 10 working days " and "This 10 day time-frame is intended to minimise delays for appellants who have satisfactorily addressed the reasons for refusal. ".

Now I see the above as guidance to the ECM to review the refusal decision, and correct the decision if it is wrong, within 10 days of receiving the appeal. So why does it take four months for the ECM review to be carried out ? There are various reasons, of course. If you manage to get the Embassy to respond to an enquiry about the ECM review they will tell you that the delay is due to a shortage of resources. That is not entirely true. The Embassy has the resources but they are using them for what they consider to be more important tasks. They are prioritising. In reality, the Embassy considers that their actual responsibility finishes when the decision to issue or refuse is made (your application fee only covers the process up to the point of the decision, really ). Anything that happens after the decision is basically not covered by your visa fee, so it does not carry much urgency.

Another point to consider is that the Embassy, after refusing a settlement application, works to the appeals time-frame. This gives them 16 weeks to actually get the appeal papers to the UK. Knowing that the ECM review must be carried out before the appeal papers are sent off to the UK, it means that they can actually forget about the review until a couple of days before the 16 week deadline.

When questioned about the 10 day time-frame in the guidance for ECM reviews the Embassy is extremely reluctant to provide a response, if they ever do. They will quote resources. They might even say that the guidance is only guidance, and they don't have to adhere to it. As far as I can see, the guidance is in place for a purpose, and that is to right any wrongs in the decision making process. If the ECO made the wrong decision, then it should be righted within a reasonable time-frame. It is not right that an applicant should be disadvantaged for up to four months. Similarly, as the guidance states, if further documentary evidence has been produced that would cause the visa to be issued, it should be issued. The guidance was put in place to protect the applicant. This is called natural justice. If the Embassy is not adhering to this guidance, why not ? Are they saying that the guidance is wrong ? Are they misinterpreting the guidance ? Are they unaware of the guidance ? Are they just plain ignoring it ?

I believe that applicants who have been refused settlement visas are being wrongly treated by the Embassy in that the guidance to ECOs and ECMs is being ignored. I believe that natural justice dictates that a wrong decision should be speedily righted. I believe that is why the guidance is there. You may disagree with my interpretation of the guidance. If so, let's have your opinion and debate it. If you are caught in the time gap between submitting an appeal and the ECM review, then inform the Embassy that you believe the review should be carried out in a timely manner.

Matadaz: @ justwise, johnwray, girlfio and everyone in the house

To God Almighty be all the Glory.

My Appeal was allowed last week Thursday and got the determination this Tuesday.
I really want to say a very big THANKS to justwise,johnwray,lamorsy,Girlfio and all the other
Members of the House.

I pray to God to pls continues His Favour upon the members of this House,admin.
To the new Members,try read up the post,most of what U need for ur application are here.

Thanx alot to the House.