Re:Overstayer

wamugunda · Post by **wamugunda** » Thu Mar 19, 2009 1:13 pm

Hello People.

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 docs 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 nowhere.

I sought assistant from my Local area M.P of Sheffield Central constituency as well as Pitsmoor citizen advice bureau. They wrote to Home Office about my return of My docs. Home Office wrote back to them saying that after Interdepartmental search they could not locate my docs. nor my file. 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 assisted Voluntary to Kenya, but Home Office Kept frustrating me all the times. I was so depressed.

In 2006 I met my future wife who is a British Citizen, she accommodated me and after courting for a while 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 Cert, my wifes payslips, bank statements, my wife mortgage letters and agreement, her passport, contract of her employment. I wrote a cheque of Â£395 payable to Leave to Remain.

They wrote and aknowledgement 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 a certain no. to book for a Biometric 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 scan I said Birmingham Public Equiry Office. When I went there they gave me a form to fill. After that they took my fingerscan and facial. They said that I am an Overstayer and an abscorder. They served me with IS151A noticing me that I was an overstayer 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 Cert 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.

UKBAbble · Post by **UKBAbble** » Thu Mar 19, 2009 1:22 pm

The compensation will be for the cost of replacing the lost douments only.

Did you apply for FLR in the same identity as you sought asylum?

porkpie · Post by **porkpie** » Fri Mar 20, 2009 9:41 pm

Of course more, provided you've been legit all the way through, to the point such a position obviously ignores Chikwamba and Bekou Betts.

I thought 'go back and join the queue' went out out of the window with those, perhaps they didn't get the memo........

Jeff Albright · Post by **Jeff Albright** » Sat Mar 21, 2009 3:08 pm

I am not familiar with the latest caselaw but I had a somewhat similar case to yours. My documents were also lost and while they were messing about with my case, I met someone, married my wife and we had a child although my wife was not a British Citizen.
I won my case eventually (even though I left the UK for good now). There is the same procedure, first to get a refusal and an IS151A, which will invoke a right of appeal to AIT. Then you argue your case to an independent judge, who will make a merit decision.
The main point here was that you were unable to return (provide all the evidence that you tried) to your home country following a refusal of asylum because your documents were lost, you could not prove your identity. That could not stop you from living your life and you ended up meeting someone. You told your wife honestly about the lack of your status (did you?) but you had no choice of place of marriage - you could not return to your country and get married there because you were prevented from travelling (again - evidence)...
You need to identify and carry out a case study from the AIT/High Court/Court of Appeal determinations and see which apply to you to prop up your agruments. Perhaps you need to look into the case law PorkPie was referring to and see how it applies to you.
I think your case has some merits. All you need to do is to argue it correctly...
Good luck!

vinny · Post by **vinny** » Sun Jul 19, 2009 12:49 am

wamugunda wrote: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 wifeâ€™s payslips, bank statements, my wife mortgage letters and agreement, her passport, contract of her employment. I wrote a cheque of Â£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

vinny · Post by **vinny** » Sun Jul 19, 2009 12:50 am

Jeff Albright wrote:You already had a constructive response to your earlier post and the advice has been given to you on what to do and how to do it. What are your reasons for starting a duplicate post?

vinny · Post by **vinny** » Sun Jul 19, 2009 12:51 am

rasjooj wrote:wamugunda,can you tell if they finally return your passport and id

vinny · Post by **vinny** » Sun Jul 19, 2009 12:52 am

4444 wrote:dear wamagunda

i think your case is a legacy case. you claimed asylum in 2000 hence your case falls to be treated as a legacy. have you heard about legacy cases. you need to know which team is dealing with your case. you can find out if your case is a legacy case from the link below. you have got strong article 8 grounds and you have more chances of being granted ILR under legacy

good luck

http://www.ukba.homeoffice.gov.uk/asylu ... g-my-case/

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Re:Overstayer

Re:Overstayer