Obie wrote:It will all depend on the reason for the initial refusal.
If it was for something as trivial as, for example, they will not be a qualified person after 3 month, or they don't have sufficient resource, then by all means seek entry at the border, and provide marriage certificate and proof of ID and EEA status of Spouse.
If it was for Public Policy or public Security, or on grounds of marriage of Convenience, then i will suggest the reasons for suspicions is resolved before flying.
Having said so, i must add that in the case of the later or even the former, to a lesser degree, there is a right of appeal in country, and the procedual safeguards provided for in the directive are fully applicable.
As you say Obie and as i spoke with Jambo the first refusal was on ground of marriage of convinence and qualified person that it can't be because his wife not have to be qualified person she is not living in the UK and bacause that in their origion country they not doing interview they refuse the application without interview, but in the in the second application they provide all the documents to proof their genuine relationship.
I helping to my friend and i sent for him a letter to the embassy complaining about the refusal and we got answer that they didn't supply enough documents in the first time and in the second application the visa manager wrote that he will take care for the application to make sure the decition will be right.
So as you say Obie and Jambo told me aswell when they will arrive to the uk if they refused second time they will go inside the UK in both way:
1)they will believe them and will let them enter
2)they won't believe them, but they will let them to appeal in the country.
My friend went today to the embassy but his passpot didn't arrived yet probably only next week.
Bigo.
