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DETAINED AND APPLYING FOR JUDICIAL REVIEW

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parveen1234
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DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Mon Aug 18, 2014 10:09 pm

Hi,

To give you a bit of backround knowledge I am a British citizen and have been with my partner for 3 and a half years now. He has been in the country for 11 years, after overstaying a 40day visa.

We have applied for a few cases and have been rejected each time with different reasons given and had used an appeal very early on when we did not meet most of the criteria.

We applied for a case in 2013 which was declined and had instructed a new lawyer at this stage. The new lawyer wrote to immigration on a number of occasions asking them to reconsider the case but had no response.

In April 2014 my partner was detained for a week at which point we applied for a new case- FLR(FP) - and was released on bail a week later. This case was refused in June 2014 with the only reason being given there are no insurmountable obstacles preventing me moving to India. Our lawyer advised they would not take this through Judicial Review and we have since instructed a new lawyer.

After instructing our new lawyer, a pre-action protocol letter was sent to immigration and they detained my partner who had adhered to all bail conditions. They have said his removal is imminent and when he mentioned pre-action protocol letter they said it was not logged on their system and he was being deported as he had not done anything for 2 months on his case ( during which time we were looking for a new lawyer and getting everything sorted beforeJR application). We have since applied for legal aid and the home office responded to pre-action protocol letter saying they are happy to go ahead with Judicial Review and are sticking to their decision.

My partner is currently still detained but the lawyer is sending documents to get first court hearing for Judicial Review either today or tomorrow, do we need to apply for Bail or is it likely they will just release him once we have done this?

Also, what are the chances of winning judicial review on the basis I, a British citizen, is being forced to relocate to live with my partner? Our lawyer has stated we are going to Judicial Review because they have not considered obsticles and have given incorrect decision. He has also mentioned if I move to India I would be forced to give up my British Nationality as India do not accept Dual Nationality.

Thanks.

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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by Amber » Mon Aug 18, 2014 10:23 pm

Do you have children?
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parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Mon Aug 18, 2014 10:26 pm

x
Last edited by parveen1234 on Mon Aug 18, 2014 10:49 pm, edited 1 time in total.

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Mon Aug 18, 2014 10:49 pm

Amber wrote:Do you have children?
no we have no children as of yet


thanks

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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by Obie » Tue Aug 19, 2014 12:12 pm

Then the test is a pretty hard one under article 8, you have to show that it will be unduly harsh to expect you to accompany her to India,

The information you have provided does not indicate this. You are not entitled to India Citizenship anyway once you have become a British national. Holding it may only lead to a fine.

Your Option is to move with your wife to an EEA state and return back to the UK under EU law.
Smooth seas do not make skilful sailors

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Tue Aug 19, 2014 1:20 pm

Obie wrote:Then the test is a pretty hard one under article 8, you have to show that it will be unduly harsh to expect you to accompany her to India,

The information you have provided does not indicate this. You are not entitled to India Citizenship anyway once you have become a British national. Holding it may only lead to a fine.

Your Option is to move with your wife to an EEA state and return back to the UK under EU law.
If I am aleeady a British national what happens if I go to live in india? My lawyer said I would need to give up british nationality and become indian. The reasons given are that it not ideal for a british woman to relocate to India.

We are unable to move just now as he has no passport and would be in the same situation in another EEA state without a visa and we qould have to go through whole application again.

Would he be penalized if he were to voluntarily leave uk and apply from india as he has already overstayed?

Thanks.

eric1985
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Tue Aug 19, 2014 1:51 pm

Hi Parveen

I am in a similiar sort of situation, been here 6 years, been with the partner 2 and a half years. The fact that you have been with your partner longer and he's been in the country longer makes your case a lot stronger. I am in a detention centre myself and I can relate to what you or your partner are going through. My applications have been refused too.

Their condition to grant you leave under FLR(FP) is that you should be able to prove that you and your partner have been living together for 2 years. That's the main thing, if you can prove that then you do have a strong case. I know it seems very hard at the minute but don't lose hope, stick with your husband, JR does cost money but it's the only way to get the application out of HO and infront of the judge who I hope would be neutral and look at your case with a different perspective.

At the moment HO is picking up just about anyone and everyone. The fact that HO has given the task of picking up overstayers to different companies who do not know case history and frankly they don't care either. They work on commission and the only thing they look at is that the person has over stayed. You are lucky in a way that your husband is from India and they do not accept private flights, since your husband has been here for 11 yrs, I don't know if his passport has expired or if it's been lost. If it's expired or lost that again goes in your favor as India takes somewhere between 2-6 months to make a new passport and that's only if they agree to take the person back. Where as in my case, my government gets £3500/person if someone is returned to Pakistan.

The bottom line is, just be strong and fight the case, hopefully you will get a good judge who will grant the case in your favor. It is tough at the minute but don't lose hope.

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Tue Aug 19, 2014 9:48 pm

eric1985 wrote:Hi Parveen

I am in a similiar sort of situation, been here 6 years, been with the partner 2 and a half years. The fact that you have been with your partner longer and he's been in the country longer makes your case a lot stronger. I am in a detention centre myself and I can relate to what you or your partner are going through. My applications have been refused too.

Their condition to grant you leave under FLR(FP) is that you should be able to prove that you and your partner have been living together for 2 years. That's the main thing, if you can prove that then you do have a strong case. I know it seems very hard at the minute but don't lose hope, stick with your husband, JR does cost money but it's the only way to get the application out of HO and infront of the judge who I hope would be neutral and look at your case with a different perspective.

At the moment HO is picking up just about anyone and everyone. The fact that HO has given the task of picking up overstayers to different companies who do not know case history and frankly they don't care either. They work on commission and the only thing they look at is that the person has over stayed. You are lucky in a way that your husband is from India and they do not accept private flights, since your husband has been here for 11 yrs, I don't know if his passport has expired or if it's been lost. If it's expired or lost that again goes in your favor as India takes somewhere between 2-6 months to make a new passport and that's only if they agree to take the person back. Where as in my case, my government gets £3500/person if someone is returned to Pakistan.

The bottom line is, just be strong and fight the case, hopefully you will get a good judge who will grant the case in your favor. It is tough at the minute but don't lose hope.

Hi

Thanks for your reply

How long have you been in detention for and when do you think you will be released?

Have you applied for JR already?

He does not have a passport as the agency he came with 11 years ago didn't return it to him so immigration have said they will make emergency travel documents.

We have a lot of proof that we have lived together for last 2 years.

Its nice to speak to someone in the same position as us, everyone he knows in detention has a very so its nice to hear there are other out there in the same position.

Thanks again and good luck to you and your partner also.

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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by icehouse256 » Tue Aug 19, 2014 11:43 pm

parveen1234 wrote:
eric1985 wrote:Hi Parveen

I am in a similiar sort of situation, been here 6 years, been with the partner 2 and a half years. The fact that you have been with your partner longer and he's been in the country longer makes your case a lot stronger. I am in a detention centre myself and I can relate to what you or your partner are going through. My applications have been refused too.

Their condition to grant you leave under FLR(FP) is that you should be able to prove that you and your partner have been living together for 2 years. That's the main thing, if you can prove that then you do have a strong case. I know it seems very hard at the minute but don't lose hope, stick with your husband, JR does cost money but it's the only way to get the application out of HO and infront of the judge who I hope would be neutral and look at your case with a different perspective.

At the moment HO is picking up just about anyone and everyone. The fact that HO has given the task of picking up overstayers to different companies who do not know case history and frankly they don't care either. They work on commission and the only thing they look at is that the person has over stayed. You are lucky in a way that your husband is from India and they do not accept private flights, since your husband has been here for 11 yrs, I don't know if his passport has expired or if it's been lost. If it's expired or lost that again goes in your favor as India takes somewhere between 2-6 months to make a new passport and that's only if they agree to take the person back. Where as in my case, my government gets £3500/person if someone is returned to Pakistan.

The bottom line is, just be strong and fight the case, hopefully you will get a good judge who will grant the case in your favor. It is tough at the minute but don't lose hope.

Hi

Thanks for your reply

How long have you been in detention for and when do you think you will be released?

Have you applied for JR already?

He does not have a passport as the agency he came with 11 years ago didn't return it to him so immigration have said they will make emergency travel documents.

We have a lot of proof that we have lived together for last 2 years.

Its nice to speak to someone in the same position as us, everyone he knows in detention has a very so its nice to hear there are other out there in the same position.

Thanks again and good luck to you and your partner also.

I am a married couple, and awaiting result for my application based on (FP) partner, no children too and i'm also reporting to the HO every 2 weeks, i hope i get a positive response soon, application was submitted 15 weeks ago. I have been living with my wife for over 2 years, how long did it take before you got a response for the application before being detained, and was he detained when going to sign or did they come to the house ?
'' The Lord is My Light and My Salvation ''

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Wed Aug 20, 2014 9:48 am

icehouse256 wrote:
parveen1234 wrote:
eric1985 wrote:Hi Parveen

I am in a similiar sort of situation, been here 6 years, been with the partner 2 and a half years. The fact that you have been with your partner longer and he's been in the country longer makes your case a lot stronger. I am in a detention centre myself and I can relate to what you or your partner are going through. My applications have been refused too.

Their condition to grant you leave under FLR(FP) is that you should be able to prove that you and your partner have been living together for 2 years. That's the main thing, if you can prove that then you do have a strong case. I know it seems very hard at the minute but don't lose hope, stick with your husband, JR does cost money but it's the only way to get the application out of HO and infront of the judge who I hope would be neutral and look at your case with a different perspective.

At the moment HO is picking up just about anyone and everyone. The fact that HO has given the task of picking up overstayers to different companies who do not know case history and frankly they don't care either. They work on commission and the only thing they look at is that the person has over stayed. You are lucky in a way that your husband is from India and they do not accept private flights, since your husband has been here for 11 yrs, I don't know if his passport has expired or if it's been lost. If it's expired or lost that again goes in your favor as India takes somewhere between 2-6 months to make a new passport and that's only if they agree to take the person back. Where as in my case, my government gets £3500/person if someone is returned to Pakistan.

The bottom line is, just be strong and fight the case, hopefully you will get a good judge who will grant the case in your favor. It is tough at the minute but don't lose hope.

Hi

Thanks for your reply

How long have you been in detention for and when do you think you will be released?

Have you applied for JR already?

He does not have a passport as the agency he came with 11 years ago didn't return it to him so immigration have said they will make emergency travel documents.

We have a lot of proof that we have lived together for last 2 years.

Its nice to speak to someone in the same position as us, everyone he knows in detention has a very so its nice to hear there are other out there in the same position.

Thanks again and good luck to you and your partner also.

I am a married couple, and awaiting result for my application based on (FP) partner, no children too and i'm also reporting to the HO every 2 weeks, i hope i get a positive response soon, application was submitted 15 weeks ago. I have been living with my wife for over 2 years, how long did it take before you got a response for the application before being detained, and was he detained when going to sign or did they come to the house ?

Hi,

we got a response saying it was rejected in june and he just got detained 2 weeks ago. I would advise if it does get rejected act as quickly as possible with your next step to avoid being detained. We changed lawyer which is what took us so long.

However my partner was already on bail so that could have made them detain him quicker.


good luck with your application

icehouse256
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by icehouse256 » Wed Aug 20, 2014 10:24 am

@parveen1234: Thank you and amen. Please remain positive, all will work out for us all by God's grace.
'' The Lord is My Light and My Salvation ''

eric1985
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Wed Aug 20, 2014 6:43 pm

Hi Parveen

Well our situation couldn't be more same, I was actually detained in May for the first time, released after a month after I submitted a new application but my solicitor thinks HO is being extra efficient in my case, they refused the case withtin a week and detained me again in a month. Being in detention is hard but it's worth fighting for your rights.

A few more things which might help you, get an appointment for your GP, go to your appointment, explain your situation and say HO is being unfair and violating your human rights by detaining your husband and it's causing you stress and depression, the first time round the doctor will just turn around and say self help is the best cure and maybe prescribe you sleeping tablets. Save the prescription, either scan or take a picture of it, get the tablets, throw them away. Make another appointment for next week, go to the appointment and complain the same, tell the doctor the pills aren't working and if you take the pills they make you tired which effects your life but still the time you are awake you are constantly stressed, try to be as emotional as you can and maybe just hint that you cannot live without your husband and might end up doing something silly. I reckon they will refer you to a specialist in 2-3 appointments. That's the goal, once you are referred to the specialist, save that letter for your Judicial Review. It would come in handly.

At the same time, find the contact details of your local MP, send him a long email explaining how you met your husband and how your life has changed since you have been with him and now that they have detained him, you are depressed, stressed....basically the same things you would say to a doctor. Write in the email that you read in the papers about immigration every day and how people are taking benefits and not working, committing crimes and still allowed to stay here but your husband on the other hand who has spent 11 years here, built his life/career is forced to go back which is very unfair.

Also make sure you visit him detention centre which would show you care about him, if he is somewhere far from you, HO has a total of 11 detention centres, there are transfer request forms in every detention centre, ask him to fill one, name the detention centre where he wants to be moved.

As for the rest, I was picked up on 30th July and since then I have been in a detention centre in London and getting released depends on my JR. Yes I have applied for JR but the court has asked to give HO 14 days notice before taking it court as my removal directions are for next month. So currently I am waiting for HO to get back to court/solicitor till 29th (fingers crossed).

Ok, lets get something straight, if he came here 11 years ago, no one would have his finger prints so it would be almost impossible to get his identity from back home, under normal circumstances where HO has the original passport and they want India to renew the passport, India takes 60 days to issue a renewed passport. If they don't have his passport or any identification documents, it would be next to impossible for HO to do anything to him and like i explained earlier, India doesn't accept charter flights and none of the private airlines are keen on taking unwilling passengers. So my dear, sit tight, relax, your husband isn't going anywhere, you have all the proof of your cohabiting, plus you are there to support him, trust me, when you get infront of a judge, shed a couple of tears and that would seal the deal for you. DO NOT think of going back because once he's gone, they wouldn't care how many time he applies because of the fact that he was illegal when he left England.

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Wed Aug 20, 2014 9:24 pm

eric1985 wrote:Hi Parveen

Well our situation couldn't be more same, I was actually detained in May for the first time, released after a month after I submitted a new application but my solicitor thinks HO is being extra efficient in my case, they refused the case withtin a week and detained me again in a month. Being in detention is hard but it's worth fighting for your rights.

A few more things which might help you, get an appointment for your GP, go to your appointment, explain your situation and say HO is being unfair and violating your human rights by detaining your husband and it's causing you stress and depression, the first time round the doctor will just turn around and say self help is the best cure and maybe prescribe you sleeping tablets. Save the prescription, either scan or take a picture of it, get the tablets, throw them away. Make another appointment for next week, go to the appointment and complain the same, tell the doctor the pills aren't working and if you take the pills they make you tired which effects your life but still the time you are awake you are constantly stressed, try to be as emotional as you can and maybe just hint that you cannot live without your husband and might end up doing something silly. I reckon they will refer you to a specialist in 2-3 appointments. That's the goal, once you are referred to the specialist, save that letter for your Judicial Review. It would come in handly.

At the same time, find the contact details of your local MP, send him a long email explaining how you met your husband and how your life has changed since you have been with him and now that they have detained him, you are depressed, stressed....basically the same things you would say to a doctor. Write in the email that you read in the papers about immigration every day and how people are taking benefits and not working, committing crimes and still allowed to stay here but your husband on the other hand who has spent 11 years here, built his life/career is forced to go back which is very unfair.

Also make sure you visit him detention centre which would show you care about him, if he is somewhere far from you, HO has a total of 11 detention centres, there are transfer request forms in every detention centre, ask him to fill one, name the detention centre where he wants to be moved.

As for the rest, I was picked up on 30th July and since then I have been in a detention centre in London and getting released depends on my JR. Yes I have applied for JR but the court has asked to give HO 14 days notice before taking it court as my removal directions are for next month. So currently I am waiting for HO to get back to court/solicitor till 29th (fingers crossed).

Ok, lets get something straight, if he came here 11 years ago, no one would have his finger prints so it would be almost impossible to get his identity from back home, under normal circumstances where HO has the original passport and they want India to renew the passport, India takes 60 days to issue a renewed passport. If they don't have his passport or any identification documents, it would be next to impossible for HO to do anything to him and like i explained earlier, India doesn't accept charter flights and none of the private airlines are keen on taking unwilling passengers. So my dear, sit tight, relax, your husband isn't going anywhere, you have all the proof of your cohabiting, plus you are there to support him, trust me, when you get infront of a judge, shed a couple of tears and that would seal the deal for you. DO NOT think of going back because once he's gone, they wouldn't care how many time he applies because of the fact that he was illegal when he left England.

Hi

I have already genuinely been to doctor who has signed me off work for 2 weeks due to stress I was not sleeping and getting head and neck pains

I will take up the MP though and contact them again

We gave notice for JR before and HO replied saying they are sticking to decision so we put case to court yesterday. How long can they keep him detained if we applied already ??

I have been to see him almost every day but it is a train and 2 bus journeys away!

The way they treat people is disgraceful I cant wait for this to be over

I hope your application for JR goes ok and you are out of detention ssoon it must be very stressful for your wife also.

thanks

eric1985
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Thu Aug 21, 2014 10:00 am

Well if you have already been to doctor, that's great, just keep following it up till they refer you to a specialist.

Take it up with MP because you are a British citizen and it carries more weight if it comes from you.

Well if HO has already replied to you saying they are sticking with their decision, just get your JR sealed from the court, once that's sealed, it gives you the right for a bail application because JR hearing date can take up anywhere from a month to 6 months depending how busy they are. Also he had been released on bail previously and he abided by bail conditions, the judge shouldn't have a problem releasing him again.

I know it is very disgraceful, where is he held anyway? I have put an application twice to move me to a nearer detention center but they refused it both times saying my current immigration doesn't qualify me for a transfer.

They are just trying to stress people out and make them go back on their own by keeping them in poor conditions.

I am just waiting for HO to come back to my solicitors to either quash their decision or say they are sticking to it so i can take it court and then apply for bail.

You don't have to visit every day, once a week or twice a week is sufficient too.

Yea it is very stressful for the wife and I we can't wait for it to be over either.

Just don't lose hope :)

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Thu Aug 21, 2014 10:21 am

eric1985 wrote:Well if you have already been to doctor, that's great, just keep following it up till they refer you to a specialist.

Take it up with MP because you are a British citizen and it carries more weight if it comes from you.

Well if HO has already replied to you saying they are sticking with their decision, just get your JR sealed from the court, once that's sealed, it gives you the right for a bail application because JR hearing date can take up anywhere from a month to 6 months depending how busy they are. Also he had been released on bail previously and he abided by bail conditions, the judge shouldn't have a problem releasing him again.

I know it is very disgraceful, where is he held anyway? I have put an application twice to move me to a nearer detention center but they refused it both times saying my current immigration doesn't qualify me for a transfer.

They are just trying to stress people out and make them go back on their own by keeping them in poor conditions.

I am just waiting for HO to come back to my solicitors to either quash their decision or say they are sticking to it so i can take it court and then apply for bail.

You don't have to visit every day, once a week or twice a week is sufficient too.

Yea it is very stressful for the wife and I we can't wait for it to be over either.

Just don't lose hope :)
JR application went in yesterday so just waiting for it to be passed to judge then we are not applying for bail our lawyer said not to do that he will fax them proof of JR and they should let him go as no reason to keep him. Dont want to do bail again because of the conditions that come with it and they can just cancel it anytime, same woman has detained my partner twice and the way she spokr to him makes my blood boil so not having that anymore would be another weight off our shoulders.

Hes in dungavel scotland, where are you?

Thats so bad how far are you from home?

We got reply from home office in 9 days I think so fingers crossed u do too.

Our friends in same position got an appeal right before due for JR so theres no pattern I can see.

Thanks

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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Thu Aug 21, 2014 8:30 pm

Well I am originally from Manchester and at the moment they are keeping me down in London. By train it would take my wife 5 and half hours to come here and then 5 and half hours to go back which isn't really worth it as she would only be able to spend a couple of hours here before she has to go back.

I am hoping I don't get a reply from HO, or if they reply, I am hoping they will quash their decision(being very optimistic here :) I still have about 8 days left, I am hoping for an answer tomorrow, if not then it would be after Monday. I am sure not sure if they would just let him out like that, hopefully they do but the way they are behaving they don't want to let anyone go so you might have to do another bail application, hopefully not though.

I heard food is good up in Scotland.

I heard Judges are very strict with accepting JR as well, hopefully we will both succeed with that.

An important thing about right to private life, try to get as many letters of support from family as you can and when you do go in front of a Judge, take friends and family with you, at least a few who gave letter of support. I recently read a decision from a Judge in which he mentioned "the claimant claimed he has friends and family here but hasn't provided any letter of support and none of his friends have turned up". Make sure you do that, try to gather as much evidence as you can.

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Fri Aug 22, 2014 12:44 am

eric1985 wrote:Well I am originally from Manchester and at the moment they are keeping me down in London. By train it would take my wife 5 and half hours to come here and then 5 and half hours to go back which isn't really worth it as she would only be able to spend a couple of hours here before she has to go back.

I am hoping I don't get a reply from HO, or if they reply, I am hoping they will quash their decision(being very optimistic here :) I still have about 8 days left, I am hoping for an answer tomorrow, if not then it would be after Monday. I am sure not sure if they would just let him out like that, hopefully they do but the way they are behaving they don't want to let anyone go so you might have to do another bail application, hopefully not though.

I heard food is good up in Scotland.

I heard Judges are very strict with accepting JR as well, hopefully we will both succeed with that.

An important thing about right to private life, try to get as many letters of support from family as you can and when you do go in front of a Judge, take friends and family with you, at least a few who gave letter of support. I recently read a decision from a Judge in which he mentioned "the claimant claimed he has friends and family here but hasn't provided any letter of support and none of his friends have turned up". Make sure you do that, try to gather as much evidence as you can.
That must be hard I reckon they do stuff like this tp break couples u.
I thought we would have to go for bail too but a lot of my partners friends have just been released when they put JR.

Hm dont think the food is upto much but they do let them do own cooking sometimes.

im stressed and its only been two weeks I cant imagine how you are coping.

Yeh we have put lots of support in of our frinds for previous case and I will probably take my parents and 2 sisters to JR.

Have u had an advocates opinion yet? We got 7 out of 10 which means he thinks we have 70% chance of winning so hopefully if judge sees that we can get into court.

our lawyer seems very good he does a lot of JR and has a good reputation within the detention centre

Whats your plan if JR fails?

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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Fri Aug 22, 2014 3:02 pm

Well yeah it's the whole idea behind this, since the current government is failing miserably, they have put pressure on HO to get immigration down as much as they can, the whole system is government supported hence why they would just do about anything.

I can wait for this government's term to be over, if you are up in Scotland, might help with the referendum, a lot of people are hoping if they choose to be a separate nation, they might nationalize all the illegal immigrants and start from scratch but at the moment it's all just theories and doesn't help the current situation.

Anyways the problem in hand, if you have any friends or your husband's friends who are in similar situation and they have won a case through JR or appeal, please do let me know because that will open doors for both of us as we can use that as a reference in our proceedings.

Yeah it is tough being here and I can't wait for it to be over but I am bit of a loner by design so I cope relatively better than other people though getting detained for the second time really threw me in a corner.

I haven't had any opinions from any advocates but I have had the same solicitor since the beginning of the case, he's the one whose been dealing with my case for 2.5 years and he reckons I have a chance here so this is kinda my last stand, if this fails, back to sunny Pakistan it is :) Haven't been home in 5 years, guess I can take some time off and then come back after a year or so. That's what I plan if God forbid my JR fails.

It's good you have your friends and family to support you. Ask them to write to your MP as well, MPs have a duty to you and every citizen, it would carry a lot more weight if your parents, sisters and brothers wrote to the MP, also your husband's blood relatives. MP would come a little under pressure if he/she received 9-10 letters regarding the same matter.

One more thing, don't just rely on solicitors to do all the work, you should know your case inside out, read the refusal letters, highlight HO's mistakes, there would be a lot of personal things which you and your husband would know and your barrister wouldn't, barrister only gets the case a few days before the hearing, sometimes less, you should have a pretty good idea what you are going to argue in court, your stories should match to a tee.

silverbird
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by silverbird » Sat Aug 23, 2014 12:43 pm

Hi everyone I need some help here.

I am appealing based on article 8 I have a British wife and child and my wife also has a child from a previous relationship so they wont expect us to move to my own country also because they are british.

I do have a problem as my wife is claiming housing benefit and council tax reduction because I had to stop work due to my visa application being considered before refusal.

Will this benefit claim be a problem at the tribunal when I go for hearing?

Thank you in advance for you replies.

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Sun Aug 24, 2014 12:09 am

eric1985 wrote:Well yeah it's the whole idea behind this, since the current government is failing miserably, they have put pressure on HO to get immigration down as much as they can, the whole system is government supported hence why they would just do about anything.

I can wait for this government's term to be over, if you are up in Scotland, might help with the referendum, a lot of people are hoping if they choose to be a separate nation, they might nationalize all the illegal immigrants and start from scratch but at the moment it's all just theories and doesn't help the current situation.

Anyways the problem in hand, if you have any friends or your husband's friends who are in similar situation and they have won a case through JR or appeal, please do let me know because that will open doors for both of us as we can use that as a reference in our proceedings.

Yeah it is tough being here and I can't wait for it to be over but I am bit of a loner by design so I cope relatively better than other people though getting detained for the second time really threw me in a corner.

I haven't had any opinions from any advocates but I have had the same solicitor since the beginning of the case, he's the one whose been dealing with my case for 2.5 years and he reckons I have a chance here so this is kinda my last stand, if this fails, back to sunny Pakistan it is :) Haven't been home in 5 years, guess I can take some time off and then come back after a year or so. That's what I plan if God forbid my JR fails.

It's good you have your friends and family to support you. Ask them to write to your MP as well, MPs have a duty to you and every citizen, it would carry a lot more weight if your parents, sisters and brothers wrote to the MP, also your husband's blood relatives. MP would come a little under pressure if he/she received 9-10 letters regarding the same matter.

One more thing, don't just rely on solicitors to do all the work, you should know your case inside out, read the refusal letters, highlight HO's mistakes, there would be a lot of personal things which you and your husband would know and your barrister wouldn't, barrister only gets the case a few days before the hearing, sometimes less, you should have a pretty good idea what you are going to argue in court, your stories should match to a tee.
Yeh I do my research im becoming a bit obsessive its all I think and talk about now coz im so nervous so I definetly know what to expect and have done a lot of work for it I hope it pays off!

I will let u know updates on our case and my friends

let us know how you get on too

best of luck I really hope it works out for you

eric1985
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Pakistan

Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by eric1985 » Mon Aug 25, 2014 2:52 pm

I know how you feel, I am the same, good thing about this detention center is that it has better internet facilities, at least i can come online and read related material to my case and of course talk here with people who are in a similar situation.

Being obsessive is a good thing, it drives you towards your goal.

I haven't heard anything back from home office yet, they got till 29th to reply to my pre action protocol letter. Let's see how it goes, solicitor is expecting a reply in next few days or no reply at all.

Let me know if you have any progress in your or any of your friend's cases.

pennylessinindia
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by pennylessinindia » Mon Aug 25, 2014 3:05 pm

"If I am aleeady a British national what happens if I go to live in india? My lawyer said I would need to give up british nationality and become indian. The reasons given are that it not ideal for a british woman to relocate to India. "

This is absolute rubbish, you need to change your lawyer. There are hundreds of British women living very happily in India and they do not need to become Indian!
pennyless

parveen1234
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by parveen1234 » Mon Aug 25, 2014 5:23 pm

[quote="pennylessinindia"]"If I am aleeady a British national what happens if I go to live in india? My lawyer said I would need to give up british nationality and become indian. The reasons given are that it not ideal for a british woman to relocate to India. "

This is absolute rubbish, you need to change your lawyer. There are hundreds of British women living very happily in India and they do not need to become

it is impossible to change lawyer we have already submitted judicial review

I was under the impression india didnt offer dual citizenship?

dilse4srk
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Re: DETAINED AND APPLYING FOR JUDICIAL REVIEW

Post by dilse4srk » Thu Sep 29, 2016 9:11 am

people, would you be able to update on your situation whether you were succeeded in your cases

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