refusal of 7 year application

[reshma1999]

Hi

I submitted FLR (O) application - based on my child living in UK for 7 years. Applied as family - me, my partner and two children. One child has been in UK 7 years. (We all entered on visit visas and overstayed). I was the main applicant whilst my partner and 2 kid were dependants on same application.

Application was refused with no right of appeal- as we had no leave at time we applied

I sent a letter telling home office to give me right of appeal and make 'immigration decision'' and give me right of appeal.

Now, I (the main applicant) has got an in country right of appeal against section 10 removal. But my 2 young children and partner have been given OUT OF COUNTRY RIGHT OF APPEALS.

We all applied on same form - so why have I been granted in country right of appeal and my children been granted out of country -

Please someone advise or help- it will be very appreciated.

[Amber]

When did you make the application?

[Obie]

Was you husband and children's claim certified, and if it was, what reason was given. Very strange.

[reshma1999]

Hi

Thank you for the replies,

The 7 year child application was made in September 2013

The childrens and partner's claims were not certified. They each received a refusal letter of approx. 1 page - they did not really consider case properly

[Obie]

They could still lodge and appeal and inform the tribunal of their right to appeal the refusal.

[reshma1999]

The home office refusal letter is one page each for each dependant.

it just states that '' notice of decision, refusal to grant leave to remain' on top.

the only reason given is that the case does not have any ''exceptional circumstances'' which would give leave outside rules. and that about it. No mention of 7 years at all.

[reshma1999]

Thank you Obie,

do you mean that my partner and 2 kids should also lodge an in country appeal.

Is there any laws or anything that says that it is right.

will be tribunal agree with this

[winners]

Did you apply for JR or you just sent letter for reconsideration before you got appeal right?

[reshma1999]

i just did a letter of reconsideration

[reshma1999]

it correct that the home office are allowed to do that - i mean we all were on same FLR (O) form and paid separate fees for Home Office.

is it lawful that i have in country right and my partner and dependants have out of country right.

[Obie]

Did Home Office send a separate notice of immigration decision for everyone.

Did the HO issued a removal notice to the children and the spouse?.

If they say the appeal is out of country, they should give reason for this. Did they?

If there is a removal decision and the claim was not certified, then there is a right to an in country appeal.

The notice saying otherwise is ultra vires

[reshma1999]

We were all given separate home office refusal letters and separate notice of immigration decisions for each family member.

I got an IS.151B - in country

My partner and two daughters got IS.151A part 2 - out of country appeal. - at the top it states '' notice of immigration decision - Decision to remove a person subject to administrative removal under section 10 of the immigration and asylum act 1999.

how can you tell if the claim is certified - as the paperwork does not mention that all.

There is no reason given as to why it is out of country - except my notice of immigration decision states human rights claim refused and my partner and daughters it does not state anything about human rights claim being refused. However we all applied on human rights together on one form.

[Obie]

Well that is wrong in law. It makes no sense. A JR should be lodge, if following the filing of an in country appeal notice, the tribunal refuse to accept it.

[reshma1999]

thank you so much.

would i need to lodge in country appeal form to Leicester - IAFT - 1

OR

Should i lodge out of country appeal form within the uk

[Obie]

Because they said your children and spouse have no in country appeal, you need to send an accompanying letter to the tribunal . It is not a straight forward process.

[reshma1999]

what is the accompanying letter

[reshma1999]

Hi

Does anyone know of any laws or case law that confirms when you submit a human rights application and is refused, then you should be granted an in country right of appeal.

any help in the right direction will be highly appreciated.

[Amber]

Where an application is refused and you have dep children who have been in the UK more than 3 years or are British, you should be issued removal directions and the right of appeal. See https://www.gov.uk/government/publicati ... -decisions

See also, Daley-Murdock [2011] EWCA Civ 161 regarding removal directions.

See Beatson LJ judgement in Haleemudeen [2014] EWCA Civ 558 for a view of proportionality inferred by Appendix FM and Rule 276ADE. See Nagre [2013] EWHC 720 (Admin) and Gulshan [2013] UKUT 640 for the two stage process.

See Lord Hoffman's obita in Nasseri [2009] UKHL 23 regarding procedural irregularities. Also see, Lord Beatson's judgement in A v Chief Constable of Kent Constabulary [2013] EWCA Civ 1706.

[reshma1999]

Does anybody know of any cases to support - a child living in the UK for 7 years has rights to live here,

[Obie]

Well Section 92(4)(a) provide for an in country appeal against an immigration decision, if the person has made a Human right claim, unless the claim is certified under 94(2) .

[reshma1999]

Does anyone know any case - law based on child living in the uk for 7 years.

[Amber]

Do read the cases I highlighted!