There is no justification for extending the effect of an unlawful decision in this way, but there is very little we can do as lawyers. Issuing legal proceedings is time consuming, and is not the right mechanism for correcting malfunction of bureaucracy
London (PRWEB UK) 25 November 2013
Kadmos Consultants are delighted to share the news of their success in overturning the decision of the entry clearance officer in Moscow refusing UK spouse visa application for the wife of a British citizen and the mother of a British child (OA/11925/13).
The client was delighted with the outcome, saying “At the appeal we were represented by Gina Savanhu, who was amazing. We got everything we wished for! If we ever have to face the Home Office again it will definitely be with Kadmos!”
The lack of clarity in the new immigration rules makes it difficult for unrepresented applicants to comply with the burdensome evidential requirements for entry clearance. The application fee for a partner’s visa is in excess of £850 and the refusals are frustrating and costly. An appeal against refusal of entry clearance takes several months. During this time the appellant remains abroad waiting for the outcome of the appeal.
Helena Sheizon, immigration lawyer from Kadmos Consultants comments: “It was a very difficult time for our client, who has been waiting for the outcome of the appeal for over nine months. During this time she had to remain in Russia with her British citizen baby daughter. The judge has found that the decision refusing our client’s application for entry clearance was not in accordance with the immigration rules, was in breach of the Human Rights Act, in breach of EU law and constructively preventing a British child from taking advantage of her right to be brought up in her country of nationality. Yet, frustratingly, the judgment is not the end of the process. Although implementation of the decision takes no more than endorsement in the passport, the standard policy of the appeals implementation unit of the UKBA is to require 12 weeks to implement a decision. There is no justification for extending the effect of an unlawful decision in this way, but there is very little we can do as lawyers. Issuing legal proceedings is time consuming, and is not the right mechanism for correcting malfunction of bureaucracy.”
About Kadmos Consultants
Kadmos Consultants is a firm of specialised immigration lawyers dealing with all aspects of UK immigration. The firm offers advice and representation in family reunion cases, work related visa applications and immigration appeals and runs regular seminars with immigration updates and training sessions.