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I need help on taking UKBA to human rights court

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silverkey
Newly Registered
Posts: 27
Joined: Sat Sep 01, 2012 10:48 am

I need help on taking UKBA to human rights court

Post by silverkey » Sat Sep 01, 2012 10:52 am

Hello I need a bit of advice,
I made a post on here before asking for advise, i was told by A member i should go back to my country and apply for visa there, which was not helpful.
no one cared to mentioned that I also had the option of apply for DL.

I noticed form reading tons of other post some members who reply to them and very bias in terms of acting as UKBA agent. always quoting go back to your country or seek legal help.

going back to my country of birth is not an option I want to take, seeking legal help paying solicitors expensive fees i can not afford it.
I have paid solicitor in the past hefty fees who did not do what I told him to. only per longing my matter sending weak letters to the home office which did not help me in the end.

So i ask please only reply to my post only if you have info or can help me with

I came here in 2001 age 23 I was granted 6 month visitors visa.
I contacted home office about applying for asylum I was told to post letter to them and send all poor i had with me that can back my claim, which I did,

since then I had not received any reply from the UKBA.
my Solicitor wrote to the UKBA in 2011 seeking information about my asylum case, UKBA replied to him stating there is no record on there file of any asylum case for me.

I file out a DL hpdl-form in 2011 including photos and all the particulars I could find which I posted to the home office I did not received a reply nor acknowledgement letter for them.

I have phoned and wrote letters numerous times to UKBA seeking information about my asylum and DL application still no reply.
over the phone twice they told me they had file an inquiry and I should receive a reply form them.
a year had past, still no reply.

on my last phone call to the UKBA i was told to send an email to the complains department which I did.
in the email I mentioned I am seeking information about my asylum and DL application.

UKBA replied to me via mail stating
"Our records show that you made an invalid postal application to claim asylum, that application was returned to you by royal mail as unsigned for and undelivered"

This letter is the only letter of conformation I have had from UKBA for the past 10 years with info about my case.
still UKBA complaints department failed to send me info about the DL application with I ask about.

Note I have being phoning and writing letters for 10 years now why was I not told about my application was invalid and posted back to me.

I now have 2 kid in the UK both kids mother is british from birth, I am 100% involve in my kids lives and up bringing.
I want to take this matter to the human rights court based on article 8 or any other article that may benefit my case

So I ask for help if any one who knows more about taking cases to the human rights court or any other courts can you tell me how to go about doing this.

Kind Regards.

peppekalle
Senior Member
Posts: 558
Joined: Thu Jul 14, 2011 1:38 pm

Post by peppekalle » Sat Sep 01, 2012 3:05 pm

Go to your local law center http://www.lawcentres.org.uk/lawcentres/detail/find/ it will help if you have all the letters you have sent to UKBA.

They offer free immigration advice and may you represent you in appeals.You may qualify for legal aid.

Joejo
Member
Posts: 144
Joined: Sun Oct 03, 2010 3:29 am

Re: I need help on taking UKBA to human rights court

Post by Joejo » Sat Sep 01, 2012 6:45 pm

[quote="silverkey"]Hello I need a bit of advice,
I made a post on here before asking for advise, i was told by A member i should go back to my country and apply for visa there, which was not helpful.
no one cared to mentioned that I also had the option of apply for DL.

I noticed form reading tons of other post some members who reply to them and very bias in terms of acting as UKBA agent. always quoting go back to your country or seek legal help.

going back to my country of birth is not an option I want to take, seeking legal help paying solicitors expensive fees i can not afford it.
I have paid solicitor in the past hefty fees who did not do what I told him to. only per longing my matter sending weak letters to the home office which did not help me in the end.

So i ask please only reply to my post only if you have info or can help me with

I came here in 2001 age 23 I was granted 6 month visitors visa.
I contacted home office about applying for asylum I was told to post letter to them and send all poor i had with me that can back my claim, which I did,

since then I had not received any reply from the UKBA.
my Solicitor wrote to the UKBA in 2011 seeking information about my asylum case, UKBA replied to him stating there is no record on there file of any asylum case for me.

I file out a DL hpdl-form in 2011 including photos and all the particulars I could find which I posted to the home office I did not received a reply nor acknowledgement letter for them.

I have phoned and wrote letters numerous times to UKBA seeking information about my asylum and DL application still no reply.
over the phone twice they told me they had file an inquiry and I should receive a reply form them.
a year had past, still no reply.

on my last phone call to the UKBA i was told to send an email to the complains department which I did.
in the email I mentioned I am seeking information about my asylum and DL application.

UKBA replied to me via mail stating
"Our records show that you made an invalid postal application to claim asylum, that application was returned to you by royal mail as unsigned for and undelivered"

This letter is the only letter of conformation I have had from UKBA for the past 10 years with info about my case.
still UKBA complaints department failed to send me info about the DL application with I ask about.

Note I have being phoning and writing letters for 10 years now why was I not told about my application was invalid and posted back to me.

I now have 2 kid in the UK both kids mother is british from birth, I am 100% involve in my kids lives and up bringing.
I want to take this matter to the human rights court based on article 8 or any other article that may benefit my case

So I ask for help if any one who knows more about taking cases to the human rights court or any other courts can you tell me how to go about doing this.

Kind Regards.[/quote



Hi

On what I gather you have not had a refusal from ukba, so you technically have not exhuasted the Judicial process of appeals. On that not art 8 application to the european court wdn't be sucessfull. so i suggest that if you prove all thats above contact with ukba and ya ART8 with family, contact ya MP to try and get clarity from the ukba response that you have had for 10yrs. If still not clear forward to the Ombudsman.

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