BRITISH PRISONER WITH FAMILY FACES DEPORTATION, PLEASE HELP

[M.Afzal1972]

Hi,

This is about my brother in-law (sister's husband) who entered the UK on the basis of marriage to my sister (British Born, Asian) on February 1996 and obtained indefinite leave to remain in the UK April 1997. He has now two daughters aged 7yrs and 11yrs old.

Due to socialising with the wrong people he was convicted of dealing in Class A drugs (ecstacy). He was sentences to 30 months in prison of which he has served in less time, because of good behaviour. He has never commited any other offence/crime apart from this stupid one.

He was due to be set free on December 20 2007 but the Home Office "deems it to the public good to make a deportation order against you".

He is being thrown out of the country because of one mistake (of which he has paid his debt to society) despite having a family here.

Please can someone help with some advice and support?

Any further information can be given, please let me know.

Your help and advice is greatly appreciated.

Thank You

[archigabe]

Wont be an easy solution I'm afraid, and not something you can get for free over the internet.You might have to see an immigration solicitor.

[M.Afzal1972]

Wont be an easy solution I'm afraid, and not something you can get for free over the internet.You might have to see an immigration solicitor.

Thank You for your reply.

I'm in West Yorkshire, can you recommend any solicitors (will also do a google search) and do you think they will charge quite a lot?

[archigabe]

http://www.oisc.gov.uk/adviser-finder/0 ... finder.asp

[M.Afzal1972]

http://www.oisc.gov.uk/adviser-finder/0 ... finder.asp

Thats Great, Thank You.

[Administrator]

.

To put it in perspective,

US Supreme Court Allows Deportation of British Man
15 May 2006

I don't necessarily agree with the policy. Since we don't have all the details on these cases, it is difficult for us to judge carefully.

But when it comes to violation of drug laws, neither Britain nor the U.S. have been behaving in a particularly rational fashion for quite some time. Sadly, they are a paragon of tolerance compared to many nations on the earth.

The United Arab Emirates, for example, reserves the right to arrest and convict anyone on their soil (for any reason or length of time, including a plane in transit through one of their airports) if their blood tests positive for any controlled substance.


"Paid his debt to society" is an opinion, and something of a rhetorical cliché that has little meaning without the full story from all parties involved. An opinion, by the way, which is different from the government of the country in which committed the offense. I am sympathetic to both viewpoints.

BUT, I also am an immigrant in my current country of residence. Since I spend a lot of my life and money learning and obeying the laws of the country I am resident in, it would be very upsetting to me to see the government granting other people special favor who do not take the law very seriously.

the Admin

[Mr Rusty]

There is normally a right of appeal to the Asylum & Immigration Tribunal against service of a notice of intention to deport. He should exercise it. If he wins, he stays, if he loses, then it is entirely in keeping with the law that he should be deported.

[SYH]

Hi,

He was due to be set free on December 20 2007 but the Home Office "deems it to the public good to make a deportation order against you".

He is being thrown out of the country because of one mistake (of which he has paid his debt to society) despite having a family here.

Actually I find it amazing that they HO got word of it and acted so quickly which leads me to believe that the authorities informed the HO of the situation and the HO took their recommendation (deport) under advisement.
Dealing is a big offence and as an attorney I can tell you, if it was just socializing (being in the wrong place at the wrong time) then he would have been given the benefit of the doubt and have been convicted for conspiracy or possession. So either your solicitor botched it up good or he really was more involved than socializing.
Your only recourse is the AIT as rusty suggests and I hope your representative does a better job than your solicitor.

[M.Afzal1972]

Thank You Guys for the info.

Contacted one of the solicitors and he says he will take the case on, but unfortunantely for us, he will charge £5000 which we cannot afford.

[John]

Please can someone help with some advice and support?

He got ILR over 10 years ago. Has he not applied for Naturalisation as British? If not, in a sense there are two errors here, firstly dealing in drugs, and secondly not applying for Naturalisation.

Or indeed has he also got British Citizenship?

[Mr Rusty]

Actually I find it amazing that they HO got word of it and acted so quickly which leads me to believe that the authorities informed the HO of the situation and the HO took their recommendation (deport) under advisement.

But that's why Charles Clark got the chop, because the department that deals with convicted prisoners was missing a lot of these cases, and he didn't do anything about it when he was informed.
Now they're very proactive, and anyone who receives a sentence of 12 months or more (24 months for EEA nationals) will automatically be considered for deportation.
In that context, a sentence of 30 months as stated by the OP suggests a fairly serious offence if it was his first conviction.