ILR REFUSAL, COULD YOU PLEASE HELP URGENTLY!!?

Twin · Post by **Twin** » Tue Nov 27, 2007 10:39 am

I recently had my appeal hearing and it wasn't the best to be honest. The Judge seemed to make the home office representative work rather easy by asking me mountain of questions and on a number of occasions, rolled her eyes in disbelief. The HO presenting officer actually asked very few questions.

I was left even dejected after my dad gave evidence as there was one inconsistency. I just basically counted my loses but in the end, it boiled down to issue of my child. The home office argued that she isn't a British Citizen whilst my barrister argued otherwise. The judge asked if my daughter has a british passport and I replied Yes. She asked for the issue date and I gave it (which preceeds my application by the way). She then asked if a british citizen can be removed to which the HO replied no but that the BC can accompany her mother who is liable for removal. The judge asked me to fax a copy of the passport.

I really don't understand why the HO rep will argue that my daughter isn't british when in their decision letter, they agreed that she is british and can take up right of abode when she turns 18. We also sent her passport with my husband's when i made the application.

Now, i'm just crossing my fingers and toes. I feel even worse that before.

Twin · Post by **Twin** » Tue Nov 27, 2007 10:45 am

Hey Tasha, congratulations! I am very happy for you. Finally the wheels of change are in motion. New house, new baby! Wow! double blessings!

avjones · Post by **avjones** » Tue Nov 27, 2007 10:48 am

What was the judge's name?

Twin · Post by **Twin** » Tue Nov 27, 2007 10:52 am

avjones wrote:What was the judge's name?

I really can't remember. I was just in a daze through the proceeding. She also kept looking at me straight as if to intimidate me. I did make eye contact but my God! It was tough!

VictoriaS · Post by **VictoriaS** » Tue Nov 27, 2007 11:27 am

I have had this before, where a HOPO has disputed the nationality of a child. They don't necessarily know all the rules, many will have just boned up on the rules on which that specific case relies.

Fingers crossed that this works out for you.

Victoria

Twin · Post by **Twin** » Tue Nov 27, 2007 11:35 am

VictoriaS wrote:I have had this before, where a HOPO has disputed the nationality of a child. They don't necessarily know all the rules, many will have just boned up on the rules on which that specific case relies.

Fingers crossed that this works out for you.

Victoria

What do you think this means for me, then Victoria? Does this mean that the HOPO fumbled? Do you think the verification of my daughter being a british citizen with a passport might have a positive leverage for me?

My husband has just yesterday told me that he is going to court to apply for custody. I have mixed emotions. I don't want him to take her away from me. Does he have better grounds than me being a British citizen?

VictoriaS · Post by **VictoriaS** » Tue Nov 27, 2007 11:40 am

I am sorry to hear that your husband is doing this. If you don't already have a family solicitor you need one fast.

I don't think the HOPO's error will make a material difference. However, bizarrely, a custody battle over your child may help you. You can apply for leave to remain until the custody issue is over with, or, if he is awarded sole or joint custody it may help as you can argue that the situation has changed int hat you will no longer have the option of taking your child with you to your home country should ILR be refused.

Did your husband support your application?

Victoria

Twin · Post by **Twin** » Tue Nov 27, 2007 11:51 am

VictoriaS wrote:I am sorry to hear that your husband is doing this. If you don't already have a family solicitor you need one fast.

I don't think the HOPO's error will make a material difference. However, bizarrely, a custody battle over your child may help you. You can apply for leave to remain until the custody issue is over with, or, if he is awarded sole or joint custody it may help as you can argue that the situation has changed int hat you will no longer have the option of taking your child with you to your home country should ILR be refused.

Did your husband support your application?

Victoria

Yes, he did but he didn't give oral evidence.

I have read somewhere that a custody battle might help also but right now, I just don't have the energy to look into it.

If the HOPO's error wouldn't make a material difference, why then would the Judge want to see a copy of the passport? Do you have any idea?

I find it strange however that HOPo would argue my child being non british when before him he had the BC, the affidavit of marriage and confirmation in my initial application that both father and child are British.

In 6 weeks, my daughter will be 7. How mean can they be?

Wouldn't my removal breach my daughter's right also? Well...I guess it could be argued that the case isn't about her but me.

What if my husband asks for access to child instead and the court states that child must stay in country? What about the bond of mother and child being the strongest?

What other options would I have? Return home and apply for access to BC? Would I qualify for that?

Jeff Albright · Post by **Jeff Albright** » Tue Nov 27, 2007 11:53 am

Hi Twin,

I am sorry I did not respond to your post.
I have not been following this board recently, as I left the UK for good to take up a permanent residency in Australia and my new career here. I am not following immigration legislation in the UK anymore.

I have read all the posts and all the advice you have been given by our dear forumers and it all sounds good. You should not panic, I think you have a good chance of your appeal being allowed. I think you had proper representation and from what I can remember, your immigration history was not inferior.

I am sorry I cannot be of any more help here but sincerely wish you all the best with your forthcoming DLR, sorting the family issues and very best for the future.

Warmest regards

Jeff

VictoriaS · Post by **VictoriaS** » Tue Nov 27, 2007 11:53 am

I think you should address these questions to your solicitor, as he has more details of your specific case.

Victoria

Twin · Post by **Twin** » Tue Nov 27, 2007 11:59 am

Jeff Albright wrote:Hi Twin,

I am sorry I did not respond to your post.
I have not been following this board recently, as I left the UK for good to take up a permanent residency in Australia and my new career here. I am not following immigration legislation in the UK anymore.

I have read all the posts and all the advice you have been given by our dear forumers and it all sounds good. You should not panic, I think you have a good chance of your appeal being allowed. I think you had proper representation and from what I can remember, your immigration history was not inferior.

I am sorry I cannot be of any more help here but sincerely wish you all the best with your forthcoming DLR, sorting the family issues and very best for the future.

Warmest regards

Jeff

Hello Jeff! I was so excited when I saw your post! I probably have never said this on any board before but I did MISS YOU!!

I am glad life has moved on for you and the family. I am happy, elated for you!

Thank you for all your previous help, you are so kind and very helpful!

How is Australia? I have no doubt that it's treating you nicely and I bet the kids would love it out there too with the weather and all. You should see the big grin on my face right now.

Thank you so much for your best wishes and I wish you nothing but the very best too.

Gracias! Thank you!!

Twin · Post by **Twin** » Tue Nov 27, 2007 12:04 pm

VictoriaS wrote:I think you should address these questions to your solicitor, as he has more details of your specific case.

Victoria

I know, Victoria but he hasn't been giving me the best advices so far. I wouldn't have gone through my appeal the way I did if not for this forum. And I have to wait weeks to see him.

Whatever the outcome of this case may be, i'll definitely be changing representative for future help.

I know you can't give me direct advise but your thought is what I am seeking.

Nevertheless, you've been more than helpful and I appreciate you just like many of us do on this forum.

Thank you so much!

VictoriaS · Post by **VictoriaS** » Tue Nov 27, 2007 12:14 pm

No problem.

My profesisonal advise right now is to get the family lawyer, and then see what happens with the appeal. There is nothing you can do until the decision comes in. If it is a refusal (which I hope to God it isn't) then come back and between me, you and (I suspect) Amanda we can work on next steps.

Victoria

Jeff Albright · Post by **Jeff Albright** » Tue Nov 27, 2007 12:19 pm

Hi Twin, you are up early!

Don't worry too much - you will be ok and we don't even have to pray for you...

Australia is good and we are very happy here so far. Once you have got your 3 year DLR and freedom to travel, you take a break and come to visit

- you will need this after all this struggle you are going through, I am sure!

Yes, I got a job here, in Perth, in my professional field and finally got approved for the PR in Australia. I am happy I sorted the UK immigration issues before coming here so I did not have to declare the problems the Home Office caused me in the last 8 years to the Australian Immigration Department.

Anyway, more later, I don't want to go off topic too much and clog up your original post.

Best wishes, keep in touch, feel free to send ppm and keep us updated on the progress of your appeal. I will keep an eye on your post!

Best wishes

Jeff

Twin · Post by **Twin** » Tue Nov 27, 2007 12:24 pm

VictoriaS wrote:No problem.

My profesisonal advise right now is to get the family lawyer, and then see what happens with the appeal. There is nothing you can do until the decision comes in. If it is a refusal (which I hope to God it isn't) then come back and between me, you and (I suspect) Amanda we can work on next steps.

Victoria

I'll do just that Victoria and keep you updated as events unfold.

I am grateful to everyone that's helped and eternally grateful to the creators and admins of this forum.

Twin · Post by **Twin** » Tue Nov 27, 2007 12:28 pm

Jeff Albright wrote:Hi Twin, you are up early! Don't worry too much - you will be ok and we don't even have to pray for you...

Australia is good and we are very happy here so far. Once you have got your 3 year DLR and freedom to travel, you take a break and come to visit - you will need this after all this struggle you are going through, I am sure!

Yes, I got a job here, in Perth, in my professional field and finally got approved for the PR in Australia. I am happy I sorted the UK immigration issues before coming here so I did not have to declare the problems the Home Office caused me in the last 8 years to the Australian Immigration Department.

Anyway, more later, I don't want to go off topic too much and clog up your original post.

Best wishes, keep in touch, feel free to send ppm and keep us updated on the progress of your appeal. I will keep an eye on your post!

Best wishes

Jeff

I was going to say you are lucky but having read most of your posts, I know you are just reaping your hard labour. There is no luck where your case is concerned. You toiled, fought and went for things you wanted and got them!

I still salute you for the way you single handedly fought the HO without representation. Now, you've gone on to conquer Australia! You are indeed an inspiration!!

Thank you for the faith and hope to take up that invite once this is all over!

Once again, congratulations!!

Twin · Post by **Twin** » Tue Dec 04, 2007 12:14 pm

How many more refusals can my heart take?

My appeal has being dismissed.

avjones · Post by **avjones** » Tue Dec 04, 2007 1:01 pm

I'm sorry to hear that.

If you decide to apply for reconsideration, bear in mind the 5 day time limit.

Twin · Post by **Twin** » Tue Dec 04, 2007 3:21 pm

avjones wrote:I'm sorry to hear that.

If you decide to apply for reconsideration, bear in mind the 5 day time limit.

Thanks, Avjones. I guess we have to find that there was an error of law?

avjones · Post by **avjones** » Tue Dec 04, 2007 3:24 pm

An application for reconsideration can only be made on the basis that there was a material error of law.

Twin · Post by **Twin** » Tue Dec 04, 2007 5:30 pm

avjones wrote:An application for reconsideration can only be made on the basis that there was a material error of law.

...and where there is none? Would one have to just pack one's belongings and leave asap?

How many more days do I have to stay?

Twin · Post by **Twin** » Tue Dec 04, 2007 6:11 pm

Quick question, please: The DP5/96 and DP069/99, which is the most current?

Jeff Albright · Post by **Jeff Albright** » Wed Dec 05, 2007 1:02 am

Twin, I am sorry to hear about that...

I have just sent my email address to you via ppm. If you scan and send me the determination, I will have a look at it this evening and see what can be done...

Don't lose hope. You have already come long way. You need to finish it. I am sure you can do that. Everyone here will help the best they they can...

Take care,

Jeff

tasha75 · Post by **tasha75** » Sat Dec 08, 2007 5:07 pm

Twin wrote:How many more refusals can my heart take?

My appeal has being dismissed.

Oh my God, Twin. I cannot believe it, I've had every hope in your case.
How can they sleep at night? I'm absolutely speechless.

douces · Post by **douces** » Sun Dec 09, 2007 11:13 am

did the judge say why he dismiss ur appeal

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ILR REFUSAL, COULD YOU PLEASE HELP URGENTLY!!?