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My daughter turns 10 and I am in limbo without leave

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secret.simon
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Re: My daughter turns 10 and I am in limbo without leave

Post by secret.simon » Thu Feb 21, 2019 7:29 am

adesuwa wrote:
Wed Feb 20, 2019 11:38 pm
If my local MP takes my case to the floor of the house of parliament, can the HO decision be overturned ?
The value of a question in Parliament is its embarrassment value. Generally questions about specific individual cases are not answered on the Floor of the House, because no minister would have information on every single individual case being handled by his department. Typically, a minister would respond by either offering to look into the case or offering to discuss the case with the MP in private.

It can however go the other way. If the MP raises the issue and the Home Secretary wants to make an example of how tough/firm he is on immigration/overstayers, he can highlight the case in his own response and promise to take tougher action in cases like yours.

So, in short, a double-edged sword.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Thu Feb 21, 2019 10:15 am

Obie wrote:
Thu Feb 21, 2019 12:46 am
The best to do is send a PAP and follow up with JR if they fail to comply.
I had sent a PAP and at the same time applied for a HR appeal using IAFT-5

The problem is that I am quite broke and spent my dad's pension support on my daughter.

So I did the PAP myself using tonnes of examples I got online, I modified them to quote article 8, 24 and section 55 citing examples of the best interest of the child and the clarifications on the recent landmark supreme court ruling 24.8.18 updated 19.12.18 FLR FP rules on their website Which clearly says settled status of the child is irrelevant

The problem now is most solicitors and direct access barristers I consulted keep saying they won't take it further because I did it myself and they don't know the merits of the case

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Thu Feb 21, 2019 10:18 am

secret.simon wrote:
Thu Feb 21, 2019 7:29 am
adesuwa wrote:
Wed Feb 20, 2019 11:38 pm
If my local MP takes my case to the floor of the house of parliament, can the HO decision be overturned ?
The value of a question in Parliament is its embarrassment value. Generally questions about specific individual cases are not answered on the Floor of the House, because no minister would have information on every single individual case being handled by his department. Typically, a minister would respond by either offering to look into the case or offering to discuss the case with the MP in private.

It can however go the other way. If the MP raises the issue and the Home Secretary wants to make an example of how tough/firm he is on immigration/overstayers, he can highlight the case in his own response and promise to take tougher action in cases like yours.

So, in short, a double-edged sword.

I saw an article online about recommendations by the HOUSE OF PARLIAMENT which it insisted the best interest of the child and recommend that the settled status of the child and parents are irrelevant

I have quoted them on page 2 earlier of this thread

secret.simon
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Re: My daughter turns 10 and I am in limbo without leave

Post by secret.simon » Thu Feb 21, 2019 3:11 pm

Obie wrote:
Thu Feb 21, 2019 12:46 am
The best to do is send a PAP and follow up with JR if they fail to comply.
As Obie has already advised, you will need to take this through the courts in order to have the "best interests of the child" looked at. Note that the best interests of the child are balanced by other considerations as well.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: My daughter turns 10 and I am in limbo without leave

Post by Obie » Thu Feb 21, 2019 3:26 pm

I agree with Secret Simon, the Legislature has no power to compel the Executive to do anything. The Home Office can simply tell the MP or parliament that they wish to remove you or whatever stupid thing they wish to do with your case.

The Parliament makes the law, the Executive which is the Home Office are designed to implement the law, and the Legislature interpret or enforce the law if the executive overreaches its power.

This is why i tend to have very little with the executive. the best is to file JR.

I have no confidence in the HOme Office or parliament. But i do have some confidence in the Judiciary.

If parliament is unable to sort out Brexit, and Theresa May saying she will crash out the UK, irrespective of the view of parliament, then it is questionable what significance parliament has these days.
Seasons greetings to everyone and a prosperous 2020

wallykhan
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Re: My daughter turns 10 and I am in limbo without leave

Post by wallykhan » Thu Feb 21, 2019 4:38 pm

what country you from, maybe file for asylum

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Re: My daughter turns 10 and I am in limbo without leave

Post by CR001 » Thu Feb 21, 2019 4:44 pm

wallykhan wrote:
Thu Feb 21, 2019 4:38 pm
what country you from, maybe file for asylum
If you read the whole topic and looked at the user's flag, you will note that the poster is from Nigeria.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Fri Feb 22, 2019 10:38 am

JR too has it's own issues

1. Biggest being I might come across a wicked judge.

As in my 2016 appeal the judge final verdict was contact on a probability was not taking place, hence article 8 is not engaged

He misunderstood me (I believe intentionally) and said my ex wife was not aware of contact.

He cherry picked what evidence he wanted and dismissed it all. E.g. he did not take into account the pictures and I also took a tablet with over 1,000 videos to court which he declined to view

He said the regular 2-3 monthly train tickets and entry tickets to play centres etc does not mean anything

The regular £200 monthly payments (despite not working) meant I was paying a debt I owed my ex wife

Etc

Both appeals said at 8 my daughter was not settled and quoted the fact that contact was not taking place

2. if I lose, then I will be liable for the HO cost



The PAP expires March 1st so I will see what I can get in place by then

Or

If the courts accept my IAFT-5 appeal

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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Sat Feb 23, 2019 9:39 pm

Obie wrote:
Thu Feb 21, 2019 12:46 am
The best to do is send a PAP and follow up with JR if they fail to comply.
I got a letter from the courts today, they rejected my application to lodge an appeal.

I also did a bit of research on JR and it says a JR may not be the best route to go down, as a JR only reviews the lawfulness of a public body to arrive at its decision and not necessarily the results, which means the HO can still make the same wrong decison again.

see this article

https://www.judiciary.uk/you-and-the-ju ... al-review/


What I wonder is how do you see cases that arrive at the supreme court or EU court of appeal e.g. as I think thats the best route to follow, as I am left with either a fresh application (which I know the HO would refuse and maybe certify) or pursue it legally



My daughter was born in 2008 here in the UK and has her UK citizenship in place and it was the HO that destroyed both my marriage and immigration history

24th October 2018 the Supreme Court Landmark ruling
https://ukhumanrightsblog.com/2018/10/2 ... nded-look/

Original article is here https://www.supremecourt.uk/cases/docs/ ... dgment.pdf

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Re: My daughter turns 10 and I am in limbo without leave

Post by Obie » Sat Feb 23, 2019 9:42 pm

The court is very correct. Unlike an EEA appeal, so f the Home Office certify your claim, then your only means of securing remedy is a JR.
Seasons greetings to everyone and a prosperous 2020

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Sun Feb 24, 2019 1:19 am

Obie wrote:
Sat Feb 23, 2019 9:42 pm
The court is very correct. Unlike an EEA appeal, so f the Home Office certify your claim, then your only means of securing remedy is a JR.
I dont understand what you mean ?

Are you saying I make a fresh applicaiton (and wait till the HO certifies my claim) then go down a JR ?

or outright go down a JR ?

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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Mon Feb 25, 2019 10:40 pm

My local Mp called me today, she said she had raised it on the floor of the house and the minister, asked her to send him directly my details. and he would take a further look into the case

THe PAP JR expires on friday, so I am not sure if

1 TO wait to see if the HO replies the PAP

As a few of the legal reps said, when the HO knows my case is strong, they might reply

2. of ask my MP to ask the minister to reconsider my case

3. resubmit a fresh application emphasising that its the same claim, but the new evidence being my daughter's age and UK passport


After all my daughter's UK passport should be in place before this easter ?

And if they refuse a fresh application that had evidence of my daughtr's passport, then its without doubt a case of clear injustice and flouting section 55

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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Sat Mar 02, 2019 9:23 pm

The HO responded to my PAP letter today

They said they are withdrawing the original refusal and referring it back for reconsideration and I should get a response in 3 months from now. They said they aim to write me if an outcome is reached or if they need more time.

My local Mp had raised it on the floor of the house this week also and the Immigration minister asked her to write her office directly. I also reported to the Ombudsman who said they will take up the case, and I had submitted my complaint to the Ombudsman also.

I intend to carry the Ombudsman complaint to the end irrespective of the outcome. Enough is enough of HO bullying and divisive tactics

I had done the PAP myself from numerous templates and research on article 8 and section 55, BEST INTEREST OF THE CHILD and recommendations from the 3 tiers tribunals, house of parliament and updated FLR FP rules

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Tue May 28, 2019 10:06 am

Hi guys
The timeline for the HO to respond to the reconsideration of their December refusal has lapsed

As their legal team responded to my PAP letter, saying they will either send me a decision or a letter requesting more time if they cant make a decision within 3 calendar months

I had also lodged a complaint to their complaint department which responded saying they do not uphold my complaint because i should get a response within the 3 months

Yet nothing

What are my next steps, please advise

Thank you

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Thu Jun 13, 2019 9:22 am

I just got my residency in the post today

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Re: My daughter turns 10 and I am in limbo without leave

Post by vinny » Thu Jun 13, 2019 1:12 pm

Congratulations!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Sun Jun 16, 2019 11:40 pm

vinny wrote:
Thu Jun 13, 2019 1:12 pm
Congratulations!
thanks a lot

Ironically, I did the fee waiver and the PAP JR myself.

All the 4 different times I used solicitors (in the past) for applications and 2 occasions (accompanied by barristers) and I went to FT tribunal, and paid legal reps all failed. So did the 2 occasions I used another different barrister for appeals (Total of 4 barristers and 4 legal firms all disappointed me and took a good bite of my finances and wasted my time)

I was far too broke to get a solicitor involved and due to the short deadlines, i had to research about JR and do it myself, same thing for the fee waiver application and I succeeded. Even got an apology from the HO legal team.

The initial dec 2018 refusal (which I did) said I submitted detailed and well documented evidence and failed to give a reason for the refusal.

Today I am a free man

adesuwa
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Re: My daughter turns 10 and I am in limbo without leave

Post by adesuwa » Sun Jun 16, 2019 11:49 pm

Oh by the way, my daughter got her UK passport also. She is 11 this november 2019

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Re: My daughter turns 10 and I am in limbo without leave

Post by manitops » Mon Jun 17, 2019 10:51 pm

adesuwa wrote:
Sun Jun 16, 2019 11:49 pm
Oh by the way, my daughter got her UK passport also. She is 11 this november 2019
congrats man

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Re: My daughter turns 10 and I am in limbo without leave

Post by bathanza » Tue Jun 18, 2019 9:45 pm

adesuwa wrote:
Sun Jun 16, 2019 11:40 pm
vinny wrote:
Thu Jun 13, 2019 1:12 pm
Congratulations!
thanks a lot

Ironically, I did the fee waiver and the PAP JR myself.

All the 4 different times I used solicitors (in the past) for applications and 2 occasions (accompanied by barristers) and I went to FT tribunal, and paid legal reps all failed. So did the 2 occasions I used another different barrister for appeals (Total of 4 barristers and 4 legal firms all disappointed me and took a good bite of my finances and wasted my time)

I was far too broke to get a solicitor involved and due to the short deadlines, i had to research about JR and do it myself, same thing for the fee waiver application and I succeeded. Even got an apology from the HO legal team.

The initial dec 2018 refusal (which I did) said I submitted detailed and well documented evidence and failed to give a reason for the refusal.

Today I am a free man
Congratulations. I am glad you took the matter in your own hands..it was the only way I was successful with my husbands visa

For my husband's timeline - overstayer 11 yrs
Aug 2016 - FLR (FP) Partner
Feb 2018 - FLR (FP) Partner refused
March - Aug 2018 - JR permission refused with merit
Aug 2018 - FLR FP (Partner) PSC - Approved

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