URGENT HELP REQUIRED

My nephew and niece (21 + 23) originally entered the UK from Pakistan in 2001 through the EEA route as a family member as their stepmum is a German National and their father is a British National. They stayed here on and off over the years and were granted a 5 year residence permit in 2007, however they returned to Pakistan in 2008 for 4 years. They cam back into the UK in 2012 but when their residence permit expired, our solicitors put in an FLR(O) which was refused. We used another solicitor who withdrew the appeal as he felt the case was too weak. A new case was made using Article 8, however this was also refused and with no right of appeal, we were advised to go down the asylum route. The Asylum case has also been refused with no right of appeal and we have now approached a new solicitor who has suggested a Pre-Action Protocol. My nephew and niece are due to sign at the detention centre on Monday and are worried that they may get detained as they were warned 2 weeks ago that they need to leave the UK. They told the advisors that they were looking at a judicial review who then allowed them to sign and leave. I would like to know that if the Pre-Action Protocol is submitted on Monday morning, will that stop them being detained? Also, is this best direction to go as the current solicitor feels their cases have been handled poorly. Their father and stepmum have also withdrawn any support for them and they are now in limbo as they are settled here and want to remain. I know this is short-notice but someone has just mentioned that I should seek advice from such a forum. Please can someone help.

why did they go back for 4 years?

Unless they are dependent on their father, and the father and stepmum are prepared to support them, they have a very weak case.

They went back for 4 years as their grandfather (who raised them) was seriously ill and eventually passed away. Their mother and uncles didn't want them to return so took their passports off them. I found out about their situation and helpe them escape back to the UK but now their father and stepmum don't want them here as well. They are in complete limbo. They don't want to go back as there is a lot of trouble where they live with the Taliban etc.

We are also being charged nearly £3000 for a Pre-Action Protocol letter for both of them. Is that about right or expensive?

Why wasn't there a right of appeal against the refusal of the asylum claim? This is unusual.

Is the £3000 just for the pre action protocol letter? Ie if you actual make a claim for judicial review you will have to pay more?

Yes it was unusual but I think because the previous cases were mishandled, that's why we were refused.

And yes the £3000 is just for the Pre Action Protocol letter and it would cost more for a judicial review.

That doesn't explain why there was no right of appeal. Did they claim asylum in the correct way I.e. in person and attend screening and full interviews?

Yes, they went to London and Liverpool for the interviews. They have been given a right of appeal but only from outside the UK.

They have to attend signing tomorrow and are scared they may be detained. The solicitor is hopeful that they can write a strong enough letter to force the home office into reversing their decision. If not, then it will mean a judicial review which we don't want as this will be very costly.

did they certified that asylum claim something like 94 or section 96 or some thing clearly unfounded claim,if so this coud be the case for not granted right of appeal

My niece and nephew have now been detained and are in Yarls Wood Detention Centre. We submitted a statement from their father expressing Article 8 and 9 as further evidence for their refused asylum case, but this was rejected one week later when they went to sign on. They were detained and have been moved down south (we're in Manchester). The solicitor is looking into a bail applications but I have been told by my niece and nephew at the detention centre that bail will only work of they have a case on file. Can anyone help with this as the solicitor wants more money for a new case and we can't afford it?

Just been informed that they have now been issued sir tickets for deportation on 26th March. Is there anything that can be done to cancel these?

ask their solicitor to put jr to stop deportion

Solicitor has said he will get a court injunction to stop the tickets and then put in for a judicial review. After that, he will attempt for bail. Fingers crossed.

Solicitor has now asked for a further £360 for court injunction fees and states he'll put in for a JR at the same time. Does anyone know if a JR alone is sufficient to stop the tickets? I have also been informed that if they are deported, they will be arrested upon arrival in Pakistan and will have to be bailed out of prison. Can anyone confirm if this is true?

aiza78601, will a JR application be enough to stop deportation and cancel those tickets. I would rather that if they have to go, they go voluntarily.

Can anyone help me please???

Solicitor to submit court injuction case today followed by a JR. The tickets are for Thursday morning. Anyone have an idea as to how long a court injunction takes and what are the chances of the tickets being stopped?

Also, with the JR going in, I have heard that this could be refused before Thursday so that my niece and nephew are still deported. Is this true?

Please can someone advise me on the above points. Any help would be greatly appreciated.

Hello

Anyone there?

ZulfAhmed wrote:Hello

Anyone there?

You already paid the solicitor who is expected to be immigration specialist. Not being a cheek here, as you have paid money for the services can't you get answers from him/her directly?

I'm struggling to get hold of the solicitor however he has finally contacted me to state that a court injunction and JR have been submitted today and his work is done. He wished us all the best and hopes the case will be in our favour. He said my niece and nephew will be informed as soon as a decision has been made. If it is in their favour, they should be released. If not, then they can ask to leave voluntarily.

I'm just after a second opinion from people who may have experience of such cases as we have been messed about by so many solicitors.

I thought that was the point of having these kinds of forums so that people can share their experiences and help each other.

ZulfAhmed wrote:I'm struggling to get hold of the solicitor however he has finally contacted me to state that a court injunction and JR have been submitted today and his work is done. He wished us all the best and hopes the case will be in our favour. He said my niece and nephew will be informed as soon as a decision has been made. If it is in their favour, they should be released. If not, then they can ask to leave voluntarily.

I'm just after a second opinion from people who may have experience of such cases as we have been messed about by so many solicitors.

I thought that was the point of having these kinds of forums so that people can share their experiences and help each other.

Either way in worst case if JR fails and applicants asked to leave voluntarily, I believe its better option than being deported and put in records like that as well passport stamped. Hope the outcome is known before the scheduled deportation as you mentioned.

Please do not be discouraged to ask questions. You are right about forum's purpose. The absence of more useful information from your solicitor to yourself sounded less convincing. At the end of the day you have been charged for the services. That's all.

Thanks Mauser1905. Fingers crossed now whilst waiting for the decision.

did they get any reply?