failed asylum and ten years in the UK

[salimnina]

Hi,
I have registered to this forum that I hope it will help whoever is in a desperate situation too. My case is that I applied for asylum in '98 and you know how most cases end up, my last appeal was around 2003 and because i was singning in every month i had to stop because of the prospect of being caught and deported( advise of the solicitor). Meanwhile I studied (BSc in Computing this septemeber graduation) and work ( Manager in small company), I got married ( my wife has no status, she came and over stayed her visa ) in 06 and have a lovely baby. I am wondering whether i could get any status in the UK as overstayer or under any form, i heard of some amnesties for asylum/illegals but i might be missing out because i am not in touch with the authorities, I asked some organisation and they said that by teling the home office about my case they will only issue a deportation against me and they didn't suggest such move, I am asking you for help or advises and what yu think about my situation and if anyone knows any brilliant solicitor who does wonders, I lived already long enough, established my self and worked in the UK ( ILLEGALLY) Much appreciated

[avjones]

Hi - what country and you are your wife from?

Do you HO have an address for you? Have you been sent a legacy questionaire?

[salimnina]

I am from Algeria, when I applied for asylum I was on my own, my wife hasn't, I know that they have been sending letters to people but because I changed address there is nothing I can check, may be I am missin out, is ther any number to call the home office to know what's my case, situation or anything that is related to me? thanks

[avjones]

I don't know about numbers to call, sorry.

[OL7MAX]

Research "Subject Access Bureau" and apply for a copy of your SAB file.

[salimnina]

didn't get it, SAB? request...can you please elaborate. thanks

[salimnina]

[quote="OL7MAX"]Research "Subject Access Bureau" and apply for a copy of your SAB file.[/quote
ok I got it now, but would that affect my case if it's ...say they will proceed with say deportation or any other procedure that they ought to do? i am worried that it will only remind them. is it the case.
thanks

[jimquk]

Have a look here: http://www.bia.homeoffice.gov.uk/applyi ... gammefaqs/

You will see that questionaires are being sent out to failed asylum seekers, but at the moment it is mainly to people receiving support, ie families. At some point in the future they will start looking at all the lower priority cases, may not be for a couple of years, and there is not really an option at present to apply for consideration.

The best way might be if there was any way you could make a "fresh claim" for asylum. This would put you back in the system for a couple of years, as such cases are very slow to process. While waiting for a decision on that, you might be considered under case resolution, although there's no guarantee of a positive outcome from that.

For a fresh claim to be accepted as a valid application, you need to bring forward substantial new evidence, for example of political activities conducted in the UK which would put you in danger back home. These cases are difficult to win, and therefore difficult to get legal aid for; on the other hand, it just might be worth it to get you back in the system.

Not sure how easy the BIA find it to enforce removals to Algeria.

Where is your wife from?

[OL7MAX]

i am worried that it will only remind them

Use a solicitor to make the request and make them agree to get the documents to their office.

[avjones]

The best way might be if there was any way you could make a "fresh claim" for asylum. This would put you back in the system for a couple of years, as such cases are very slow to process. While waiting for a decision on that, you might be considered under case resolution, although there's no guarantee of a positive outcome from that.

For a fresh claim to be accepted as a valid application, you need to bring forward substantial new evidence, for example of political activities conducted in the UK which would put you in danger back home. These cases are difficult to win, and therefore difficult to get legal aid for; on the other hand, it just might be worth it to get you back in the system.

Aha! Now we are into my specialist area (-:

Fresh claims is one of the main things I do. They are, as Jim says, not the easiest option.

Under HC395 rule 353, one can make a fresh claim for asylum to the SSHD. An Appellant has a Right of Appeal against an immigration decision under Section 82 of the Nationality, Immigration and Asylum Act 2002. Any subsequent applications for asylum after that appeal has been heard do not generate a Right of Appeal automatically.

When considering fresh representations, and whether they amount to a fresh claim for asylum and therefore generate a Right of Appeal, the Secretary of State has to consider whether the evidence was new, previously unconsidered, and likely to have made a substantial difference to the Appellant’s case.

It is my experience, having done a considerable number of fresh claims, that the Secretary of State never accepts further representations as amounting to a fresh claim for asylum. Under such circumstances, an Appellant’s only remedy is that of Judicial Review, stating it is irrational and contrary to the law that the Secretary of State had failed to recognise representations as amounting to a fresh claim.