STUDENT VISA BEING DELAYED IN LAGOS DESPITE APPEAL VICTORY

[studentspons]

I succesfully appealed a stuident visa refusal for my sister who i am sponsoring about the 25th of Feb 2006. Her course was due to start in March but because of the time it takes for the home office to decide whether to appeal and to notify Lagos, she missed the March course. The next registration and start is 30th july 2006, yet she has still not been issued a visa. I understand that once the course starts a visa will not be issued, so she may have to wait another 6 months....

Can there be any explanation for this delay?

What can we do?

Can I sue the home office as this has been dragging for over 2 years?

There is no question about the availability of finance or any other detail... can they spring something remotely relevant on us at the last minute as an excuse?

Please advise very urgently

nb the appeal she won was at the Asylum and Immigration Tribunal, Rosebery Avenue.

[ppron747]

I don't know about suing them, but it may be worth approaching the Ombudsman - (aka the Parliamentary Commissioner for Administration) - either through your MP or direct, to complain about the apparent maladministration if they have failed to act in a timely manner upon the result of the appeal. You may succeed in getting some "consolatory" payment...

[studentspons]

Dear ppron747


Thank you for you most helpful reply. I have drafted a letter along the lines shown below. Can he commissioner actually intervene with the immediacy required?
"
APPARENT MALADMINISTRATION BRITISH HIGH COMMISSION, LAGOS

I wish to bring to your attention the continuing failure of the British High Commission in Lagos to issue a student visa for my sister. Her appeal heard on the .....of February at the Asylum and Immigration Tribunal, Taylor House, Rosebery Avenue. London was successful and she is due to commence lectures at the Financial ......by the 8th of August 2006.

Despite several visits to the High Commission in Lagos, she has not been issued visas for herself and her daughter or an appointment to obtain one.

As her course is starting in the next few days kindly use your good office to intervene in the matter urgently and request the High Commission to act promptly.

Her refusal in the 1st instance was clearly a wrong decision as I supported my offer of sponsorship with bank statements showing over £35,000 and a receipt showing her 1st years course fees of £1800.00 had been paid in full by me. This was in 2004. She has since suffered financial penalties by the college for postponing her attendance and her career has been set back 2 years.

I will be most grateful for specific action today in view of the urgency of the matter and I can be reached on .... should you require any further details.
"

[ppron747]

I don't know - the only cases I've encountered have been after the event - ie when when an official body took a long time in acting, and the complainant drew this to the attention of the Ombudsman, who investigated and either upheld or dismissed the complaint - I've not encountered a situation where the Ombudsman was effectively put into the position of intervening in an ongoing case. And certainly their considerations are forensically thorough, so I wouldn't expect a particularly speedy result - certainly not on the timescale you have in mind.

I'd certainly take it up with the Ombudsman, on principle, and with a view to gaining some recompense, but since time is of the essence, I'd also pursue the UKVisas complaints procedure - details here

[studentspons]

Dear ppron747

Thanks for the link. I actually redrafted that letter and sent it to FCO yesterday, and only copied the ombudsman. I also contacted my MPs office with full details and copies of the applicants, passports. i am hoping somthing will happen in the next 24 hours.

rgds

[studentspons]

ITS DONE!"

they got their visas..


thnx for your help.

13:51 pm 01/08/06

[ppron747]

That's great news - was it just a coincidence, or did UKVisas get them into gear? If the latter, things are really looking up! If you've got time, drop the UKVisas complaints people a nice letter - it might help the next guy who approaches them with a problem....

[studentspons]

Well I'm not Sure whether it was the FCO or my MP's office or her lawyers in Lagos but someone definitely intervened. She had been asked to return on Friday 4th aug. and before I had time to call my MP's Office again and before she got back home, she was called to come right back and the visas were issued. Will write both to say thanks.