SHOULD I GO FOR JUDICIAL REVIEW
I claimed asylum in U.K in Croydon Home Office, in Dec 2000. When I was claiming asylum I submitted My Passport, My Nationality (National) I.D card and My Birth Certificate to Home Office staff who attend me that day. After my case was refused in 2003. I wrote to Home Office to give me back my documents that I gave them so that I can facilitate my voluntary exit from U.K. They could not write to me and I was becoming destitute without help from anywhere.
I sought assistant from my Local area M.P of Sheffield Central constituency as well as Pitsmoor citizen advice bureau. They wrote to H.O regarding my documents. Home Office wrote back to them saying that after interdepartmental search they could not locate my document. After those authoritative persons (M.P and Pitsmoor citizen Advice Bureau) kept on Pressing them, They wrote another letter stating that they have located my file BUT they are sorry to me that they have lost MY Ken National passport, MY NATIONAL I.D CARD AND MY BIRTH CERT.
I tried to apply for I.O.M for assisted Voluntary to Kenya 3 times, but Home Office Kept frustrating my efforts.
In 2007 I met my wife who is a British Citizen, she accommodated me and after courting for a while we decided that we should get married legally. So we decided to marry in our local Church of England which we did on 14th Feb. 2009. After our marriage, we paid a solicitor who downloaded an FLR (M) application form filled it on our behalf, asked as to provided all necessary proofs i.e. Wedding photos, Marriage Certificate, my wife’s payslips, bank statements, my wife mortgage letters and agreement, her passport, contract of her employment. I wrote a cheque of £395 payable to Leave to Remain.
They wrote and acknowledgement letter after 5 days, they wrote another letter saying that they will contact me within 10 days, which they did. They sent a letter saying I call Public to book for a Biometrics data scan. I called the no. And after waiting on hold for 45 minutes, they asked me where do I want to go for biometric finger-scan I said Birmingham Public Enquiry Office. When I went there they gave me a form to fill. After that they took my finger-scan and facial. The immigration officer said that I am an Overstayed and I have absconded. They served me with IS151A noticing me that I have overstayed my visa conditions who may be removed. They did not detain me but they told me to report back at a certain date. The IO told me that my FLR (M) will be automatically get refused. When I left the building I called my solicitor who told me that he is going to seek for a judicial review. My wife and we have a baby on they way. The immigration Officer on that date was telling me that I should go home and join the queue. I told him that if he gives me my Passport, my birth certificate and I.D which they accepted liability I will.
There is a letter, which Home Office said that they want to compensate me.
Now I have a family Life in U.K and my baby is due later in the year. The UKBA have returned back my FLR(M) original form and they have stated that I have no right of appeal against their decision. Note UKBA (IND) lost my passpost, My National I.D card and my Birth certificate. I cannot go to my country of origin because I have well founded fear of persecution, inhumane treatment from Mungiki sect. Home Office. My solicitor have said to me that Home office have acted unlawfully, I should apply for Judicial review. I am in process of High court Judicial review on grounds these grounds;
UKBA- professional negligence.
EHCR and Human rights ground
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