Deportation/detention

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Deportation/detention

Postby LeylaJ » Thu Feb 24, 2011 3:22 pm

Hi everybody.

Does anybody know anything about voluntary deportations?

I am british and My Fiance is currently in Brook House detention centre following a criminal conviction, he is from Iraq. He previously had indefinate leave to remain, and has been in the UK for 12 years.

Home Office have told him they cant deport him but will not release him, i am just wondering if it is better if he goes back to Iraq voluntarily then applies for a visa to come over here? I would go with him to Iraq but he has 2 children in the UK with his ex Partner and so cannot leave the UK forever and all my family are in england, so i do not want to leave the UK.

We just want to get him out and home as soon as possible. At the moment we are stuck in Limbo, not knowing anything. We are constantly seeing people released from the detention centre who are in much worse situations so we dont understand why Home Office wont tell us anything. Our solicitor has also just seemed to of disappeared, been trying for ages to get in touch with him but just not getting anywhere. So we have to do something.

Also has anybody on here had any experience with applying for bail within an Detention Centre? Any advice would be great.

Thanks in advance xx
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Postby Obie » Thu Feb 24, 2011 3:57 pm

It is wrong and illegal for them to hold him if they have no intention to deport him or are in the midst of making a deportation order. If that is exactly what they said , then his detention is unlawful.

If his conviction is not of a Violent or sexual nature, then he has a good chance of securing bail. Possibly suing for unlawful detention.

If he went back to Iraq, i can't see a possibility of him being allowed to return to the UK in the short term.
'Oh what peace we often forfeit; oh what needless pain we bear; All because we do not carry everything to God in prayer' (Joseph M. Scriven: 1855).
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Re: Deportation/detention

Postby sushdmehta » Thu Feb 24, 2011 4:52 pm

LeylaJ wrote:He previously had indefinate leave to remain,
What do you mean when you say "he previously had ..."?

Has the ILR been revoked, for any reason, and has no legal right to remain in the UK? If so, then immigration control officers may not have acted "unlawfully" in detaining an illegal migrant.


regards
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Re: Deportation/detention

Postby LeylaJ » Thu Feb 24, 2011 5:10 pm

sushdmehta wrote:
LeylaJ wrote:He previously had indefinate leave to remain,
What do you mean when you say "he previously had ..."?

Has the ILR been revoked, for any reason, and has no legal right to remain in the UK? If so, then immigration control officers may not have acted "unlawfully" in detaining an illegal migrant.


regards


Sorry i meant he had Indefinate Leave to Remain before his conviction and before he went into detention, but obviously as he is now in detention we are unaware of what his situation is right at this minute. As far as we are aware they have not revoked his ILR but i was guessing that it does not stand at the moment if he is under immigration control? He wasnt an illegal immigrant before this had happened, no.
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Postby Greenie » Thu Feb 24, 2011 5:21 pm

We need to know more information.

How long has he been in immigration detention for?
What criminal offence was he convicted of and how long was his sentence?
Does he has refugee status as well as ILR or just ILR?
WHat exactly have UKBA said about why he is being detained. He should have been served with written reasons for his detention?
Has the UKBA notified him that they intend to revoke his ILR or have they already done so?
Have they notified him that they are considering whether to make a decision to deport him or has he already been served with a decision to deport him?

(please note when I say deport - I mean deport and not enforced removal) to deport is to serve with a deportation order which states that the person cannot re-enter the country whilst the order remains in place. Many migrants are forcibly removed without being deported.
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Postby sushdmehta » Thu Feb 24, 2011 5:22 pm

Was his detention ordered by the judge when he was convicted? It is not clear from your post as to why UKBA officers detained him / want to deport him (but can't).


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Postby Casa » Thu Feb 24, 2011 5:26 pm

This is from the UKBA Regulations:
(iii) where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.
Is this the case for your boyfriend? If so, it doesn't look good for a visa to return to the UK.
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Postby LeylaJ » Thu Feb 24, 2011 5:28 pm

Obie wrote:It is wrong and illegal for them to hold him if they have no intention to deport him or are in the midst of making a deportation order. If that is exactly what they said , then his detention is unlawful.

If his conviction is not of a Violent or sexual nature, then he has a good chance of securing bail. Possibly suing for unlawful detention.

If he went back to Iraq, i can't see a possibility of him being allowed to return to the UK in the short term.


Thank you for your reply.

The conviction was nothing of violent or Sexual nature so that sounds like good news about bail.

He has been detained for 10 months now and they have not given us any paperwork at all. We had a court hearing back in January in regards to bail (we had to withdraw on the day as all the paperwork was not correct) in which Home Office stated that he could not be deported. Our solicitor was supposed to be doing a Judicial Review to get the Home Office to review the decision to keep on detaining him and take them to court in regards to releasing him however our solicitor has disappeared somewhere and i cant seem to get in touch with him so i dont know what we are supposed to do now :(
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Postby LeylaJ » Thu Feb 24, 2011 5:43 pm

Just to answer a few of your questions...

He cannot be deported because of his children in the UK, it would be against his human rights. Also in Iraq, they will not accept anybody over there who is forced to go back to Iraq, even if you want to, you have to have all of your original Iraqi passport/travel documents to do so. It is also too dangerous to go back to the city where he is from, it is still a war zone over there with people still being killed on a regular basis.

He came over here because he was being forced to go into the army to fight for Saddam Hussein, his brother and father was killed in refusing to follow by Saddams beliefs. His mother got him out the country quick enough before they came back for him, it saved his life and he has been in the UK ever since, he has never left.

He was given a 12 month sentence for 3 different driving offences. He has no other convictions in the past other than this.

They had told him he would be detained because anybody who gets a 12month or more sentence automatically gets deported. That was his reason for being detained. However as he cant be deported, it seems to me like they are waiting until they are able to deport him.

The court never recommended deportation or detention. The day before he was due to be released from prison he got a letter from Home Office telling him he was to be detained because of the 12month sentence rule.

Apart from that letter we have recieved nothing further from the UKBA or Home Office.
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Postby Greenie » Thu Feb 24, 2011 5:45 pm

If you don't answer the questions then you no one can give you accurate advice.

If he has been detained in immigration detention (i.e. at Brook House or another immigation removal centre) for 10 months then he will have had a wealth of paperwork.

For example

- He will have been served with papers authorising his detention beyond his prison sentence under immigration powers
- He will have recieved monthly progress reports regarding his detention and what is happening in his case
- He is likely to have recieved something from the UKBA regarding his liability to deportation given his conviction and whether they are going to revoke his ILR

What do you mean the solicitor has disappeared? How long have you not had contact with the solicitor for?
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Postby Greenie » Thu Feb 24, 2011 7:34 pm

Sorry we were posting our last posts at the same time. I will reply in detail later.
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Postby Greenie » Fri Feb 25, 2011 12:25 pm

Firstly I will start with saying that issues regarding detention and deportation are complex and you should always seek professional legal advice before acting on anything anyone tells you on a forum such as this. Without seeing your partners papers and knowing more information it is not possible to give individual legal advice.

The 'automatic’ deportation provisions (under the UK Borders Act 2007) are not relevant to someone who has been given a consecutive sentence of 12 months or more for more than one offence. It is only if the person is convicted of an offence and sentence to 12 months + of imprisonment. Can you confirm that he wasn’t given a 12 month sentence for any single offence? Please note also that it’s not the time he served that is relevant but the actual length of the sentence (i.e. if he was sentenced to 18 months but only had to serve 9 months, then the sentence is 18 months)

Note that term automatic is misleading as it merely means that the SSHD must make a deportation order to a person sentenced to over 12 months for an offence UNLESS certain exceptions (including breach of human rights etc) apply.

In any case as stated above automatic deportation provisions do not apply, however the secretary of state can still make a decision to deport your fiancé if he thinks it is ‘conducive to the public good’ again this will be subject to whether removal would breach his human rights or his rights under the refugee convention. Any decision to deport him would attract a right of appeal.

Normally a foreign national in your partner’s position would be issued with a letter (usually when they are in prison but sometimes when they are moved to immigration detention) informing them of their liability for deportation and asking for reasons why they shouldn’t be deported. They then consider these reasons and will then decide whether to make a decision to deport him regardless.

From what you are saying it doesn’t seem that the UKBA have made a decision to deport him yet – it seems more likely that they are still considering whether to do so.

If he has been detained for 10 months in immigration detention then he definitely should have received ‘monthly progress reports’ explaining why he is still being detained.


Even if he can’t be removed for practical reasons (i.e. lack of travel documentation) they would still serve him with a decision to make deportation order and if the decision was not successfully appealed they would then seek to deport him when it was possible to do so.

If the UKBA accepted he cannot be returned due to his family and because it is not safe for him then they cannot keep detaining him. It seems unlikely to me that they would have told him that they accept his removal would breach his human rights but continue to detain him. If they did they would have to give reasons for this

Please can you answer the following questions :


- Who said he cannot be deported because of his family and because it is not safe in his home town or that he cannot be returned unless he has his passport? his solicitor or the UKBA?
- Does your partner have refugee status or just ILR?
- What were the exact offences he was convicted of?
- What exactly have they said about why he is being detained and what their intentions are with respect to a) his ILR and b) whether they intend to make a decision to deport him?
- Does he have contact with his children
- What is the immigration status of his children?
- What paperwork was not in order for the bail application to be withdrawn? Has he made any other applications for bail since he has been detained?
- What do you mean the solicitor has disappeared- when did you last hear from him?
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hi

Postby malikscompany » Sun Mar 27, 2011 5:24 am

give full information if you want an advice.

HO is not folowing you on this forum so dont worrt ang give full information
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Re: hi

Postby Sarah2011 » Sun Mar 27, 2011 9:09 am

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