What are her chances?

[jmama]

My sister applied for indefinite leave to remain in the uk last year after she had spent 8yrs in the Uk. She came to the Uk on medical grounds and during her stay, she was visiously assaulted (raped), after wish she lost her marriage. She had since had a child and moved on with her life her in the Uk. Her application was refused on the grounds that she doesn't have enough ties in the Uk and that she has been working illegally. She was granted a right of appeal of which she did and the immigration judge granted her appeal.
But the home office then appealed against this desicion and she is to go before a new judge and go through the appeal agian. They stated that the reasons the immigration judge granted her appeal the first time was based on sentiments and not facts. Her appeal was granted because of the stigma associated with people that have gone through such ordeal and that she wont be able to live her life perfectly if she was sent back, and she had settled into the community perfecly.
Please we need to know what to do and expect from this new appeal and also what's the worst case scenario.

[sakura]

Please don't post the same question twice AND register yourself as two different members...it doesn't help you get an answer any faster.
http://www.immigrationboards.com/postin ... ly&t=26526

[Frontier Mole]

Need more information-

Was she married to a Uk or EEA citizen? If so how long for?
What type of ILR did she apply for?
Working illegally -assume she was caught doing that?
The child - who is the father?
Was the rapist every found / prosecuted?

The appeal will likely be a re-run of the first one however there will be a closer look at the legal aspects of the case and what rights she has, if any, to justify her stay in the UK. Stigma is not a reason for granting stay, neither is being perfectly comfortable in the country or origin. What country are we talking about?

Worst case - loses the appeal gets removed to country of origin.

[jmama]

Yes the rapist was caught and he is still in prison. She was married to a non ecc/uk citizen. Her child's father has not regulirised his stay as well.

[Frontier Mole]

The chances are next to nil of winning her appeal. Everything is against her. The father is illegal, she is illegal neither can rely on the other for grounds of stay / entry. The child is of little or no consequence as too young to go for child consession. It all points to a very bleak picture.

The fact that Home Office appealed the allowed determination is a strong indicator that the case will be hard fought at the next appeal. If your sister does not have a legal rep - get one!