Son abandoned

[boogytapz]

I'm new to this forum and really worried for my Son, I am a naturalised UK citizen and I had my son with my ex husband, they were granted a visit visa so that they could travel to see me over the last couple of years and have come during the school holidays.

My ex is very abusive and unstable, on his last visit over he had a break down and abandoned my son with me without warning, I found myself making emergency arrangements and applying for ILR, some 8 months have passed and last week he got a refusal and had the application covered to limited leave to remain of 3 months to give enough time to make arrangements to return him to Taiwan. The reason given was that no evidence was supplied to show that his father had mental issues and severed the relationship. I don't have any evidence that he won't communicate with us!

There was no mention of a right to appeal since they just converted it to a limited leave to remain or I can resubmit another ILR application with evidence. I'm lost and very worried, I can't return my son to Taiwan nor would i want to given my ex husbands unstable actions. Will my son be deported without anyone to receive him? My son is 9.

[member]

I'm new to this forum and really worried for my Son, I am a naturalised UK citizen and I had my son with my ex husband, they were granted a visit visa so that they could travel to see me over the last couple of years and have come during the school holidays.

My ex is very abusive and unstable, on his last visit over he had a break down and abandoned my son with me without warning, I found myself making emergency arrangements and applying for ILR, some 8 months have passed and last week he got a refusal and had the application covered to limited leave to remain of 3 months to give enough time to make arrangements to return him to Taiwan. The reason given was that no evidence was supplied to show that his father had mental issues and severed the relationship. I don't have any evidence that he won't communicate with us!

There was no mention of a right to appeal since they just converted it to a limited leave to remain or I can resubmit another ILR application with evidence. I'm lost and very worried, I can't return my son to Taiwan nor would i want to given my ex husbands unstable actions. Will my son be deported without anyone to receive him? My son is 9.

Were you son born before or after you were naturalised as a UK citizen?

[boogytapz]

Thank you for the reply, he was born before I was naturalised and has always lived with his dad.

[Obie]

A judicial review claim should be lodged as they refused a human right claim. .

[boogytapz]

Thank you Obie for your reply.

They said in the refusal that there was no claim under the human rights act as no evidence was presented to show that he cannot return to Taiwan and that we should make arrangements to make that happen, but I can't, he has no family to take care of him over there. They said as he has only been here for a few months he can re-integrate into the school system over there, which would be true if he had family to receive him. I'm so confused as to why this decision has been made and what evidence they expect from abandoning him other than the fact that it has happened.

[Obie]

That makes no sense as family life exist between a minir child and his or her mother .

[boogytapz]

Thank you again for your input, that is very reassuring.

Do you know if it is possible for them to remove my son with nobody to receive him? I have this concern (because that is what the refusal letter suggests) that this will happen. Also, since there is no right of appeal how is a judicial review process started, would it be better to involve a lawyer?

Thank you again.