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Mother blocked from attending daughter’s graduation due to ‘unlawful’ Home Office decision

Exclusive: Officials refused Joyce Makado visa to see daughter graduate because they did not believe she would leave the UK at the end of her visit – but overturned refusal when contacted by the media

May Bulman
Social Affairs Correspondent
Friday 02 August 2019 08:26 BST
Comments
Why is the Home Office getting so many immigration decisions wrong?

A mother has been blocked from attending her daughter’s graduation after the Home Office wrongly denied her a visit visa and overturned the decision only after being contacted by The Independent.

Ropafadzo Makado, 42, said she was devastated after her mother, Joyce Makado, 63, who she hasn’t seen in four years, was unable to see her graduate with a nursing degree because immigration officials said they did not believe she would leave the UK at the end of her visit.

On the day of her graduation, and just hours after The Independent contacted the Home Office to enquire about the refusal, Ms Makado received an email from the visa centre saying the decision had been overturned – but it was too late for her to attend the ceremony.

Lawyers and politicians said it was common for the Home Office to make “unfair” visa refusals for people wishing to attend important family occasions in the UK and condemned the “blatant bias” in the reasons given, which they said sometimes played into “racist” stereotypes.

The case has fuelled concern about discrimination specifically of visa applicants from Africa after research by the All-party Parliamentary Group (APPG) for Africa last month found Africans were more than twice as likely to be refused a UK visa as applicants from other parts of the world.

Speaking to The Independent, Ms Makado, who has lived in the UK for 12 years – first working as a support worker for Brighton and Hove Council and then studying nursing at Brighton University – said: “I feel sad, angry, devastated about the visa refusal. My mum was devastated as well.

“I’m happy about my achievement but really sad that my favourite person in the whole world, my mum, could not be here to celebrate it with me. Words cannot fully express the pain in my heart. I don’t have any family here. Just me.”

The Zimbabwean national, who was married to a British man but is now divorced, added: “I didn’t think I was going to have any problems because I am working and I can afford to look after her. She was going to stay with me for six months and then go back home.

“I think they are just discriminating. I don’t know what other term to use. For me it’s like discrimination. Against people from my country, maybe, I don’t know.”

In the original refusal letter to Ms Makado, a Home Office decision-maker said: “I am not satisfied that you are genuinely seeking entry as a visitor for a limited period not exceeding six months, that you intend to leave the UK at the end of the visit or that you will be maintained and accommodated in the UK without working or having recourse to public funds.”

Joyce Makado was unable to attend her daughter’s graduation

Ms Makado’s barrister, Jan Doerfel, said the decision was unlawful because the Home Office had “entirely disregarded” the fact that she had proven she could cover her mother’s costs to attend her graduation.

“Bearing in mind that both through their personal contribution and through payment of high tuition fees, overseas students contribute immensely to the running of UK universities, it is scandalous when close family members get refused a chance to attend this important personal occasion that celebrates the achievement of overseas students,” he said.

On Wednesday, the day of Ms Makado’s graduation, her mother received an email from the visa processing centre in South Africa stating: “Further to the decision by an entry clearance manager to overturn your refusal outcomes ... We request that you submit your valid passport at the visa application centre.”

Mr Doerfel said he was pleased the refusal had been overturned, but added: “Unfortunately, unfair refusals of entry clearance to family members invited to attend important family occasions such as graduations are far from uncommon and are heartbreaking for all those involved.

“In this case, the public interest in the refusal appears to have led to the overturning of the decision as no new evidence had been submitted.”

Chi Onwurah MP, chair of APPG for Africa, said Ms Makado’s case was “typical” and highlighted how unfair refusals were a particular issue for African applicants.

“As the APPG’s investigation highlighted, UKVI visa decisions are causing untold misery to families as well as harming our economic and cultural links. The personal circumstances of the visit do not seem to count,” she said.

Why is the Home Office getting so many immigration decisions wrong?

“The fact that in this case it was granted, but too late, just adds insult to injury. We’ve also had examples of grandparents coming over to support their first grandchild, and the visa being refused and then granted after the child is born.

“The fact that the figures showed African visas are refused at twice the rate of applicants from any other part of the world, combined with some of the stereotyping and blatant bias that we see in some of the reasons for refusals, make us believe that this is a particular issue for African applicants and it is playing to racist stereotypes.”

A Home Office spokesperson said: “All cases are carefully considered on their individual merits, in line with the immigration rules, and are based on evidence available.”

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