This is my story...
I applied for ILR (10years long residence) this year and the Home Office refused citing visa gaps. I appealed against this as I do not have any gaps. Unfortunately I do not have my old passport to prove this as the Home Office lost it.
Anyway I appealed against this decision and during the hearing the HO Presenting Office admitted that they didnt have the proof either as they lost my file. Despite this I lost my case as the judge felt that I should have kept copies of everything myself (with hindsight i now know this).
Anyway I appealed against the decision and a reconsideration was granted. At this second hearing the SIJ asked the HO how they could cite gaps if they lost my file. Anyway the HO Presenting Office said that she had a file with her with all the information. The SIJ then asked her to produce evidence of the gaps and she said she needed more time to sort through the file (yeah right). Anyway the SIJ adjourned the hearing and gave directions that the HO should provide that evidence to him and to me within 2 weeks. That was 2 months ago. I have been ringing the AIT regularly and nothing has been filed with them.
Anyway my new hearing date is soon and I have my DPA request from the HO which has entries on my file made by the caseworker who made the decision to refuse my case saying that she couldnt tell if I had the gaps. I have been in correspondence with both the Secretary of State and the Immigration Minister and they all seem to be saying the matter is going before the AIT and they will decide on the issues. My question of how a public authority made a decision without any evidence is being ignored.
Incidentally I have a determination from a past appeal hearing that says I had leave to remain from Jan 1999 to 2006. The gaps the HO are citing are all pre-2003. I highlighted this at my intial hearing and the HO said that judge made a mistake. To which I said if that was the case why didnt they appeal at the time.
Anyway to cut a very long story short here are my questions -
1. I argued estoppel by representation i.e. during my 2006 appeal the HO didnt object to the judge's finding that I have leave to remain for a 7 year period therefore they are estopped from citing these gaps. Do you know any cases that have been won using this argument or res judicata?
2. Do you know any legal aid firm that can help.? Not just any firm but a good one? (I have tried the Citizen's Advice Bureau and IAS without much joy)
3. What happens when the HO does not comply with directions?
Any help and moral support you can give will be most appreciated
