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fresh claim

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salimnina
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fresh claim

Post by salimnina » Mon Nov 19, 2007 1:55 pm

Hi,
I have posted previously before but I am about to approach a solicitor, but before I thought to post this in case I get some advise, i am a bit confusd that's why and have not time to take off work as i cannot afford, for some who didn't read this then i refresh, I applied in 1998 for asylum, was refused, in 2003 was my last appeal ( judicial review) since then I lived in the shadow, now married with a baby ( my wife is overstayer from the same country. I would like to make a fresh appeal and wonder wehter I have any chance, the reason is that I fear to be deported and as result I was to know my option, wheter to stay as I am , hidden or to go and do a fresh appeal and risk being detained with my family and deported which I really do not want my family to go through. Please advise on the case, I fear that some solicitors juste want the moey by promising, my life is in the edge.

I am from Algeria, my wife too, thanks

Best regards.
Salem

Mr Rusty
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Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Mon Nov 19, 2007 6:53 pm

A fresh appeal? From what you say, you've already had the full benefit of the appeal system, right through to judicial review. if that's the case you have no more appeal rights.
It's open to anyone to make a repeat application for asylum but it would be subject to fast-track procedures with probably only a very limited right of appeal. Only you know whether you have any real reasons for claiming that haven't been heard before.
You've probably already heard of the Refugee Legal Council and the Immigration Advisory Service, who are government-funded bodies and would give you an honest assessment of your chances for little or no charge. If they can't give you the answer you want, you take your chances with a solicitor. I'm sure that most will also give you the same honest assessment as best they can in the free half-hour consultation that they offer, but some seem to work on the Charles Revlon principle, which is quoted in every marketing textbook - "In the factory we make cosmetics, in the drugstore we sell hope". If you just keep doing the rounds of advisors until one tells you what you want to hear, it could cost you, and the result in the end may be the same.
Up to you.

avjones
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Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
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Post by avjones » Mon Nov 19, 2007 8:29 pm

He does know that - he said "fresh claim" not "fresh appeal" - a para 353 application, it appears.

Hard to do, harder to succeed in.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Re: fresh claim

Post by Mr Rusty » Tue Nov 20, 2007 9:02 am

salimnina wrote:Hi,
........ I would like to make a fresh appeal and wonder wehter I have any chance, the reason is that I fear to be deported and as result I was to know my option, wheter to stay as I am , hidden or to go and do a fresh appeal.....

paulp
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Joined: Sun Aug 19, 2007 9:34 pm

Post by paulp » Tue Nov 20, 2007 10:07 am

Look at the title of the post.

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