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February 1, 2004 

Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law.

Q: I am working in Eastern Bank Ltd, Dhaka, Bangladesh. My husband is studying in Middlesex University in London. His course name is MSc in Computer Network and it is a course of 16 months. As I want to join with him in UK so I applied for VISA but unfortunately I was refused due to lack of some documents regarding accommodation in London and the British High commission give me the opportunity to appeal against my refusal. Now I am very much confused and feeling helpless as I don't know anything how to appeal and what is the sequential procedure. I have to appeal within 28 days and I was refused on 14th January, 2004. So I have very short time. I therefore need a proper guideline. Could you help me in this regard? I am also seeking for a reasonable way to appeal as my husband is a student and he can't bear a lot of fees for the legal advisor. So if you have any good suggestion for me, then please mail me as early as possible. waiting for your reply.
Rusmila Hasan,
Officer, Eastern Bank Ltd, Dhaka.

Your Advocate: Your problem area is always an area of uncertainty. Since the refusal of visa is a matter of law there is no reason to be worried about or confused. You will have to proceed advisedly with preparations reasonably enough to fit into the law. As it appears from your query your papers that you submitted with visa-application were not enough to satisfy the authority as to your accommodation in London. This is a legal requirement and you have no option but to fulfil the same. Otherwise the High Commission cannot grant you visa even if it wants to. What you should do at the moment is you should immediately see an immigration lawyer with all your papers. He can find you a way out. While choosing one you must be very careful precisely because it is an emerging area in our country and there is real dearth of good immigration lawyers.

So far as the scope of appeal is concerned, to my mind, it may not help you. The papers not considered sufficient by the High Commission officials here are more likely to be so considered by the appellate authority in London. I think it is more advisable to go for collecting appropriate papers so as to satisfy the requirement of law with regard to your prospective accommodation in London than spending time on appeal.

Q: Would you please give me the information about the following issue. I'm a Christian boy. After the liberation war brother of my grandfather went to India. They have some property here in Bangladesh. At present the wife and daughter of that Grandfather are only a live and they want to give us the property. Would you please tell me what is the way of doing this. I have heard that we can make a dossier and by the foreign ministry of the two countries we can do this. Please tell if it is correct. Thank you very much.
Babu Ignetious Gomes,
Mechanical Engineer (Buet), Dhaka..

Your Advocate: This is a common problem touching upon many a family in our country. Brother of your grandfather who left Bangladesh for India after the liberation war is no more alive. His wife and a daughter who have succeeded your grandfather are now living in India and are willing to transfer their predecessor's property in Bangladesh. Legal aspect of such transfer is complicated. The question of residence of the vendor comes up in matters of disposal of any property in Bangladesh by a person living outside Bangladesh. If they have lost citizenship of Bangladesh they would be treated as foreigners. So far as the manner of disposal of property is concerned, a citizen and foreigner alike can dispose of his or her property here in Bangladesh , that is, through executing a deed of sale duly registered before a Sub-Registrar having jurisdiction over the property. But problem is the bar provided in the Foreign Exchange Regulation Act, 1947. Law says- no one can make any payment to or for the credit of any person resident outside Bangladesh not to speak of a foreigner unless an exemption granted under the law by the Bangladesh Bank. Therefore, the registration authority will not effect registration of the deed unless necessary clearance issued by the Bangladesh Bank are shown to its satisfaction.

Subject to the restrictions of law in respect of payment, the vendors, in my opinion, can make a short-cut by executing a power of attorney duly authenticated by the authorised officers of our High Commission in India in favour of any Bangladeshi who in turn can transfer the property in your name as an appointed attorney of the vendors. For more specific information you can contact with the respective desk in the Bangladesh Bank and also with any Sub-Registrar-office in Dhaka.