Post
by batleykhan » Fri May 09, 2008 6:04 pm
Just writting to thank all those who gave me advice on this forum regarding my nieces husband who was refused EC@ Islamabad in July 2007 on the grounds that:
a) there was no sufficient accomadation for spouse
b)Discrepencies in salary payments going into bank/not sufficient funds
c) That there was no guarantee that the spouse would be able to find work in his field of work as an electrician
d) That they got married,not taking into consideration that visa might not be issued
e) His english was not good enough to enable him to find alternative employment if he can not find work in his own field of work(domestic electrician)
After recieving refusal notice which was dated 3/8/07, but not handed to us by Fedex till 31/08/07, I completed the Appeal form and returned it to AIT in UK in September 2007 with a 6 page reply arguing why their decision was wrong .I heard nothing what so ever after that. Two reminders were sent by AIT to BHC Islamabad, but there was no response at all.
Furthermore the BHC did not return all the docs back to us, including a copy of the original application form.
However this morning we went to the hearing in Bradford to see what fate awaits us. After nearly 8 months of waiting,we went inside the court to be met by a pleasant judge who was very helpful and sympathetic.
The HO rep, a young and nervous lady said that even she didnt recieve any docs from BHC in islamabad. She did manage to obtain a printout dated 7/5/08 from HO computer this morning before coming to court,which had ECM comment stating that he had revoked the ECO decision on the grounds that the ECO should have been more careful with his initial decision, and should granted visa upon receipt of the appeal notice and the subsequent info and docs supplied by us.
Having looked at the printout the judge was not so pleased and advised the HO rep to inform the staff at Islamamabad "incompetent beyond apprehendible". That certainly bought a smile to my face
..
The judge ordered the HO rep to ensure that a visa is issued within 10days with a letter of apology to the appelant for the delay and unnecessary grief and worry caused to them by the delay. The judge said the visa should have been issued immediately after the justifiable evidence provided in the appeal notice in September 2007 and not in may 2008.
I am absoulotely chuffed about the outcome. It has been a nervous and worrying time for us all.I knew we would win in the end all along because all evidence we provided was genuine.
I think the ECO couldnt have spent more than half an hour to look at docs and make his decision. What worries me is their incompetence and the lack of info supplied to the applicants to keep them informed of the progress of their applications
I hope the ticking of by the judge will ensure nobody has to suffer the same fate as us.God I am glad for British justice .
Once again thanks to all those who helped and advised me on this forum. Without this help I would have been lost
Thanks all once again