HELP!!! Won Human Right Appeal what to do next?

[Elayseth]

Hi

My partner and I won our appeal under article 8 to the Upper Tribunal back in December, our son just received his British Citizenship registration recently. However we are a bit confused to what we need to do next, the solicitor that was dealing with our case wrote a letter to the Presenting Officers Unit at Angel Square in London asking them to issue our ILR and for them to provide us with the details of the Home Office department in conduct of this application,but we haven't heard anything back from the Home office, we got in contact with our local MP and he was trying to find out and chase up this for us, however we received a letter from him saying the the Home Office do not have any information regarding the issuing of our ILR and all the information they have is our previous status before the Judge decision in our favor.
Does anybody knows were exactly do we need to write to know what we need to send in order for the Home Office to issue our ILR. We are under the understanding that we should have received a call letter from the Home Office but it's been over a month since the Judge decision and we are very concern as it seems that they don't have the Judge determination. Thank you.

[Greenie]

Are you sure you case went to the supreme court? or do you mean the upper tribunal?

[Elayseth]

Hi Greenie yes I meant the Upper Tribunal, we won the appeal but we need to know what do we need to do next, the answer that our local Mp got from the UKBA is that we are still liable for deportation even though we had the Judge determination on our favour the 21st of December 2011, our solicitor have sent the UKBA 2 letters but it seems that they have not received them,what is the correct address we need to write to as we need to do it ourself. Would really apreciate any advice . Thank you

[peppekalle]

Have UKBA sought permission to appeal ?If they are not appealing it will take months for them to issue you with your documents I'd say at least 3 months.

Are they holding your passport?Send them a copy of the determination and ask them to implement the appeal.


They will write to you asking you to send your passport and photographs.Check the contacts of the local UKBA team here http://www.immigrationboards.com/viewto ... 62b5732c2c if UKBA are holding your passport the local enforcement team probably are holding onto it.

[Elayseth]

Hi peppekalle

UKBA have not appeal the decision, and the time for them to do that have elapse, as the Judge Determination was done 2 months ago. Yes I'll write to them with a copy of the determination,do you know what is the exact address do we need to write to for them to implement the appeal as our solicitor has written to them twice, plus our local MP tried to help and they don't and they replied to him that we still liable for deportation. Do you mean it could take 3 months for them to issue our documents but from when, from when they send us the letter or from the date of the Judge Determination. The UKBA are not holding our passports . Thank you very much for the info.

[peppekalle]

Hi peppekalle

UKBA have not appeal the decision, and the time for them to do that have elapse, as the Judge Determination was done 2 months ago. Yes I'll write to them with a copy of the determination,do you know what is the exact address do we need to write to for them to implement the appeal as our solicitor has written to them twice, plus our local MP tried to help and they don't and they replied to him that we still liable for deportation. Do you mean it could take 3 months for them to issue our documents but from when, from when they send us the letter or from the date of the Judge Determination. The UKBA are not holding our passports . Thank you very much for the info.

You need to write to the team that issued you with the refusal the address is on the letter giving you reasons for refusing your application.

UKBA don't seem to communicate with each other especially after having their decisions overturned by judges maybe that's why they are saying you are liable for removal as they are not aware you won your appeal.


It could take 3 months from the time you received the judges decision to the time your appeal is implemented.

I suggest when the 3 months are over go to your mp ask him why UKBA are taking 3 months to give you status documents.Stress all the grief it is causing you like being unable to work etc etc.Tell him or her how troubled you are that UKBA are saying you are liable for deportation while the judges ruled you cannot be removed a fact which UKBA agreed as they have not sought permission to appeal.

[Elayseth]

Hi peppekalle thank you for you prompt response. We haven't made any application. We won a Human Right appeal under articule 8 against deportation as our son was born and has live in the Uk for over 10 years and is now a British Citizen, so we don't have a lletter of refusal, we went to the Upper tribunal because the Judge of the First Tier Tribunal refused our appeal against deportation made by UKBA as our son was less that a month to be 10 years old and it has an error of Law. Should we write to this address? UKBA ,Lunar House, 40 Wellesley Road, Croydon, CR9 2BA.

It could take 3 months from the time you received the judges decision to the time your appeal is implemented.

.Well at least is not 3 months after they send us the letter. Yes I would write to my MP and explained everything as it as been at nightmare . Thank you soo much for your help.

[peppekalle]

Hi peppekalle thank you for you prompt response. We haven't made any application. We won a Human Right appeal under articule 8 against deportation as our son was born and has live in the Uk for over 10 years and is now a British Citizen, so we don't have a lletter of refusal, we went to the Upper tribunal because the Judge of the First Tier Tribunal refused our appeal against deportation made by UKBA as our son was less that a month to be 10 years old and it has an error of Law. Should we write to this address? UKBA ,Lunar House, 40 Wellesley Road, Croydon, CR9 2BA.

It could take 3 months from the time you received the judges decision to the time your appeal is implemented.

.Well at least is not 3 months after they send us the letter. Yes I would write to my MP and explained everything as it as been at nightmare . Thank you soo much for your help.

I suggest if the notice of deportation came from CROYDON write to them or even better send them a fax.Don't forget to include a copy of the determination.

If you have not heard a response by the time 3 months are over get hold of your m.p.

I hope you get your papers soon please keep us updated on when you get your papers.

[Elayseth]

Would do .Thank you peppekalle.

[Greenie]

You are unlikely to be granted ILR the standard grant of leave following a successful appeal on article 8 grounds is 3 years discretionary leave.

[Elayseth]

You are unlikely to be granted ILR the standard grant of leave following a successful appeal on article 8 grounds is 3 years discretionary leave.

Hi Greenie our solicitor advised us and ask UKBA to issue ILR as our son is a Bristish Citizen and we have been living in the UK for over 14 years, and UKBA sugested to our local MP that we should make an applicatio for ILR on the basis of our long residency, they sugessted this as they seem to not to have knowledge of the Judge decision. So I'm a bit confused now.

[Obie]

If you have the determination of the judge, you can simply send it to your solicitor to forward to them, or you can chase the presenting office that dealt with your case to see whats happening.

Applying, taking life in UK test and paying the enormous fee, is a money making scheme.

They are bound to adhere to the Judges decision.

[Greenie]

If you have the determination of the judge, you can simply send it to your solicitor to forward to them, or you can chase the presenting office that dealt with your case to see whats happening.

Applying, taking life in UK test and paying the enormous fee, is a money making scheme.

They are bound to adhere to the Judges decision.

the UKBA is not bound by the tribunal's decision to grant ILR. The appeal was allowed on article 8 grounds, and thus the standard grant of leave is 3 years DL. As I recall from the OP's previous thread, she was issued with a removal decision (which she subsequently appealed) before the 14 years, thus the clock was stopped at this point.

[Elayseth]

If you have the determination of the judge, you can simply send it to your solicitor to forward to them, or you can chase the presenting office that dealt with your case to see whats happening.

Applying, taking life in UK test and paying the enormous fee, is a money making scheme.

They are bound to adhere to the Judges decision.

Hi Obie , yes our solicitor sent the presenting office a leter at the begining of January and a second letter the begining of February but we haven't had any reply from them, I'm writing to UKBA in Croydon today with a copy of the Judge determination ,a copy of the 2 letters sent from our solicitor plus a copy of the letter from our local MP with their reply to him. Yes our solicitors said they should issue ILR to us based on the Judge determination without us having to make an application. But Greenie is saying that is very unlikely the UKBA would do so and that the standard grant of leave is 3 years discretionary leave.

[Greenie]

If you have the determination of the judge, you can simply send it to your solicitor to forward to them, or you can chase the presenting office that dealt with your case to see whats happening.

Applying, taking life in UK test and paying the enormous fee, is a money making scheme.

They are bound to adhere to the Judges decision.

Hi Obie , yes our solicitor sent the presenting office a leter at the begining of January and a second letter the begining of February but we haven't had any reply from them, I'm writing to UKBA in Croydon today with a copy of the Judge determination ,a copy of the 2 letters sent from our solicitor plus a copy of the letter from our local MP with their reply to him. Yes our solicitors said they should issue ILR to us based on the Judge determination without us having to make an application. But Greenie is saying that is very unlikely the UKBA would do so and that the standard grant of leave is 3 years discretionary leave.

without knowing the full facts of your case it is difficult to comment further - as I understood from your previous threads, you were issued with a removal decision before the 14 years, but your appeal was allowed on family life grounds. Usually this would mean a grant of 3 years DL. If your solicitor is advising you otherwise there may be a reason for this. to avoid complicating matters you should seek advice from your solicitor who has the benefit of knowing the full facts of your case.

[Obie]

A removal decision is not an ends to itself, it involve judical scrutiny to examine its lawfullness. The fact that a court has allowed their appeal indicates the removal decision was wrong.

In most cases, if appeals are allowed under article 8, the usual grant is a 3 years DLR.

But you have lived in the UK for a substantial period, and there is a likelihood that had your case been handled properly, you might have qualified under certain government regularisation program for ILR, perhaps even under the legacy program, depending on the circumstance.

Yes they could issue 3 year DLR. However i believe it will be unduly harsh, as there is no public interest in them issuing an ILR to you outside the rules

[Elayseth]

Hi

We never got a deportation order as such, with a date and instructions for deportation, all we ever got was a piece of paper from UKBA saying that we are people liable to removal and/ or detained. I don't know if that makes any difference or is pretty muh the same as a removal order. We can't ask the solicitor we were using as they've done everything we had paid them for and we 'll have to pay for any other advice they give us and we are not in a possition to do that anymore. I hope the UKBA issue ILR as they advised when they replied to our local MP that we should make an application for it on the bassis of long residency albeit irregular . If they only granted us 3 year DLR it would be harsh indeed, but as long as they issued us with a visa asap we'll be happy so we can start living like normal people. Thank you