Can some sue the DOJ for mismanagement of tax pay

[comfort2004]

I am a British citizen married to a Ghanian, My husband applied for an accompany eu citizen visa from ghana, there isnt Irish embassy in Ghana only vfs, so the application had to be sent down to Abuja in Nigeria for processing, the application was refused on one reason only: Relationship History ( RH), we believed we provided enough evidence to support our relationship so we decided to appeal it. we appealed that decision and we didnt hear from the embassy untl after 7 months when myy husband was called for interview all the way from ghana to nigeria Capital.

At the interview he asked why they have delayed the application for so long , the interviewer simply said he is doing his job and if he isnt happy about the delay he could make complaint,after the visa officer is satisfied that we are in a subsistng relationship, he then further said he wont grant hubby the visa until he provided evidence of marriage dissolution of his previous marriage in the UK.

Before we got married in Ghana we have already applied for the dissolution of the said marriage, on getting back to ghana hubby quickly send copies of the dissolution and to our surprise the embassy maintained it has to be from the UK or else they wont recognize anything outside that.

we quote the relevant law to their attention and warn that the decision is unlawful but to no avail, although they wont refuse the aplication and yet they wont approve it so its sort of a stand stand still.

we are getting a lawyer to issue a JR and we do not want to back down to negotiation should they propose such in the long run, we are prepared to wait over a year to see it to the end and to purnish this INIS lots.

we also will be pursuing costs, I am an A1 Tax payer in this country, I pay approximately €600 a month and I will also like to sue for mismanagement of my tax payer's fund because this arguement By the DOJ is beyond mockery.

what do you think our chances are guyz please kindly leave your opinions. and also what other cost can we pursue in this circumstances, this application is 9 month on

Thanks

[fatty patty]

Have you taken an immigration solicitor advise here? The way i see it is they are putting you on the long finger and insisting to show UK documentation rather than Ghanian (for simple reason forgery etc etc). Get the solicitor to send them warning first and foremost that this will be going to the court via barrister if they do not provide answer in such and such days. They might start moving on this, although i believe it will be slow process as embassies are involved here.

[Irisheddy]

Legally you appear to be in the right. I am not a Lawyer but I think you would win. However it may take a very long time.

I am an irish national myself but I often feel ashamed when I see how immigrants are treated by the INIS just because they are perceived as defenceless and cannot stand up for themselves.

[newbieholland]

and also what other cost can we pursue in this circumstances, this application is 9 month on

If you can prove that your spouse has/had a job offer since the time he applied for the visa (9 months) you can seek the loss of income for any delays occured due to this. This needs to be in in form of a conditional offer letter. Get an immigration lawyer to help you.

[adlexy]

I am a British citizen married to a Ghanian, My husband applied for an accompany eu citizen visa from ghana, there isnt Irish embassy in Ghana only vfs, so the application had to be sent down to Abuja in Nigeria for processing, the application was refused on one reason only: Relationship History ( RH), we believed we provided enough evidence to support our relationship so we decided to appeal it. we appealed that decision and we didnt hear from the embassy untl after 7 months when myy husband was called for interview all the way from ghana to nigeria Capital.

At the interview he asked why they have delayed the application for so long , the interviewer simply said he is doing his job and if he isnt happy about the delay he could make complaint,after the visa officer is satisfied that we are in a subsistng relationship, he then further said he wont grant hubby the visa until he provided evidence of marriage dissolution of his previous marriage in the UK.

Before we got married in Ghana we have already applied for the dissolution of the said marriage, on getting back to ghana hubby quickly send copies of the dissolution and to our surprise the embassy maintained it has to be from the UK or else they wont recognize anything outside that.

we quote the relevant law to their attention and warn that the decision is unlawful but to no avail, although they wont refuse the aplication and yet they wont approve it so its sort of a stand stand still.

we are getting a lawyer to issue a JR and we do not want to back down to negotiation should they propose such in the long run, we are prepared to wait over a year to see it to the end and to purnish this INIS lots.

we also will be pursuing costs, I am an A1 Tax payer in this country, I pay approximately €600 a month and I will also like to sue for mismanagement of my tax payer's fund because this arguement By the DOJ is beyond mockery.

what do you think our chances are guyz please kindly leave your opinions. and also what other cost can we pursue in this circumstances, this application is 9 month on

Thanks

comfort2004,

That is always the challenge of making an application from outside of the EU - the stories are usually unnecessarily long. Especially at the Irish embassy in Abuja. It is almost as if they are set to waste everybody's time and the DoJ's money. The Irish emassy every pose a huge challenge to everyone - fact.

I will suggest that you pursue them using the SOLVIT route online complaint:
https://webgate.ec.europa.eu/solvit/app ... anguage=en

and also by:
UK SOLVIT Centre
Direct line: 020 7215 2833
Fax. +44 20 7215 2234
solvit@bis.gsi.gov.uk

Studying the Directive and especially Articles 2 and 3 may prove very useful as well:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

All the best!

[a.s.b.o]

I am a British citizen married to a Ghanian, My husband applied for an accompany eu citizen visa from ghana, there isnt Irish embassy in Ghana only vfs, so the application had to be sent down to Abuja in Nigeria for processing, the application was refused on one reason only: Relationship History ( RH), we believed we provided enough evidence to support our relationship so we decided to appeal it. we appealed that decision and we didnt hear from the embassy untl after 7 months when myy husband was called for interview all the way from ghana to nigeria Capital.

At the interview he asked why they have delayed the application for so long , the interviewer simply said he is doing his job and if he isnt happy about the delay he could make complaint,after the visa officer is satisfied that we are in a subsistng relationship, he then further said he wont grant hubby the visa until he provided evidence of marriage dissolution of his previous marriage in the UK.

Before we got married in Ghana we have already applied for the dissolution of the said marriage, on getting back to ghana hubby quickly send copies of the dissolution and to our surprise the embassy maintained it has to be from the UK or else they wont recognize anything outside that.

we quote the relevant law to their attention and warn that the decision is unlawful but to no avail, although they wont refuse the aplication and yet they wont approve it so its sort of a stand stand still.

we are getting a lawyer to issue a JR and we do not want to back down to negotiation should they propose such in the long run, we are prepared to wait over a year to see it to the end and to purnish this INIS lots.

we also will be pursuing costs, I am an A1 Tax payer in this country, I pay approximately €600 a month and I will also like to sue for mismanagement of my tax payer's fund because this arguement By the DOJ is beyond mockery.

what do you think our chances are guyz please kindly leave your opinions. and also what other cost can we pursue in this circumstances, this application is 9 month on

Thanks

none of my business, but would you not be more careful with someone who already divorced someone? i am not a lovey, just a think twice comment, which is a bit, taking that you are married, is already belated

[a.s.b.o]

I will suggest that you pursue them using the SOLVIT route online complaint:
https://webgate.ec.europa.eu/solvit/app ... anguage=en

and also by:
UK SOLVIT Centre
Direct line: 020 7215 2833
Fax. +44 20 7215 2234
solvit@bis.gsi.gov.uk

Studying the Directive and especially Articles 2 and 3 may prove very useful as well:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

All the best!

Since the applicant is Irish, even if she raises this with SOLVIT UK it will be sent to SOLVIT IRL. Fact