Concord Times (Freetown)
Atieu Jalloh
11 August 2008
British High Commission in Freetown has issued Madam Isata Koroma of Makeni with her visitor's visa to travel to the UK after it lost an appeal case against the petty trader in Freetown.
This is no ordinary visa issuance since it came after almost eight months following Koroma's application that was followed by an appeal against the commission's refusal to issue her with a visa at North Shields Kings Court in Newcastle.
On December 5, 2007 Madam Isata Koroma, popularly known as "Tha Isatha", a petty trader in Makeni applied for a visitor's visa to see her son graduate in London. The entry clearance officer who considered her application, refused it on the grounds that she was unemployed; that she had no sufficient ties in Sierra Leone to guarantee her return; and that she was not a genuine visitor to the UK and if granted visa she would not return.
Koroma told this reporter that she was devastated by the decision. "I found it difficult to understand why on this occasion I am not a genuine visitor when in 2004 I travelled to London to attend my son's first degree graduation and returned to Sierra Leone." She was not the only person who did not see justification in her visa refusal. Her son, Patrick Hassan-Morlai whose LLM graduation she was to attend also thought the refusal was irrational.
For a London-based legal mind like him, Hassan-Morlai did not despair rather, he set on the war path to challenge the British High Commission's refusal in an Immigration Tribunal in England.
"It is always important to adhere to the strict time limits for bringing an appeal against an immigration decision," he explained and further stated that "the issues in contention here are whether Mrs Koroma is unemployed and, if so, whether that affects her ability to meet the requirements of someone applying for a visitor's visa to the UK; and whether she, on the balance of probabilities, has demonstrated that she is seeking a UK visa as a genuine visitor." Mr Hassan-Morlai argued that by virtue of her mother's occupation as a petty trader, she is self-employed and therefore a person with means and (couple with the financial assistance she receives from her son) is able to purchase an air ticket to travel to London and return to her family in Sierra Leone where she has lived all her life.
Mr Hassan-Morlai also submitted to the Asylum and Immigration Tribunal a dossier of photographs of Madam Koroma during her 2004 trip to London together with documents of her matrimonial properties in Makeni.
In the immigration judge's determination and reasons dated July 3, 2008, Judge Saffer ruled as follows: "The appellant is a woman of limited means. That does not mean she cannot travel. I have no reason to doubt that she would return to her family as I accept that she has been here and returned previously.
"On the balance of probabilities and on the totality of the evidence before me I find that the appellant has discharged the burden of proof. Therefore the respondent's decision is not in accordance with the law and the applicable immigration rules." It could be recalled that the entry clearance officer at the British High Commission in Freetown was the respondent in this matter and Madam Isata Koroma the appellant.
Both parties had a right to appeal against the immigration judge's decision. The respondent duly accepted the decision and confirmed they did not intend to challenge the decision made by the immigration judge. This meant that the respondent had a duty to now issue Madam Koroma with her visa.
On Thursday August 7, the respondent at the British High Commission in issued the appellant with her visa dated August 4, 2008.
Her son, Hassan-Morlai expressed delight and noted that in a country like the UK where the rule of law applies in practice and in theory, all that one needs is to use the very law to argue one's case and make one's way.
"This country and its officials have laws and they respect their laws. I admire them for that. I can only hope that one day, Sierra Leoneoans will be able to challenge decisions of our government ministries and departments, semi-autonomous bodies and other public interest groups without fear of injustice, victimisation, witch-hunt or reprisals," he remarked.
He concluded by encouraging UK visa applicants to make use of their right of appeal, if refused a visa.
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