immigrationboards asylum tribunal Hearing

[Salahben86]

People .... I need some help!!!

I come from Libya and lived in the UK since 2000 off and on ...

2000 - 2004 with Father as my father was working for the Libyan embassy as a diplomat
2004 - 2009 on visitor visa + 3years student visa and graduated from a London university (Ba Business Management)

I returned to Libya on my graduation and worked for X Company as an accountant ..... was visiting UK on all of my annual leave and had continues visitor visa till March 2011 when the uprising kicked off in north Africa (Libya) I left Libya on the last plane to Leave the capital before the no fly zone imposed.

Went to Tunisia and then to London as from Libya I left on the last plane to leave the air port and was not able to fly direct to London. on my arrival in London Heathrow Airport I have filled the landing card but left the departure date empty .... once reached the immigration desk, was asked when I would leave the UK. I answered ''as the situation is not clear at the moment, I do not know when, how, where and what to do''

The Immigration officer advised me to enter and seek legal advice and approach Croyden homeoffice for asylum.... I did exactly what I was told and was refused asylum and appealed against the decision, the home office cancelled their decision and granted me Humanitarian Protection from valid for 1 year (1st Aug 2011 - 31st July 2012).

Before the end of my leave I have submitted an in-time application for further ''Leave'' and have not heard from the home office till 6th July 2015 (3years) with a refusal to my application using the same reasons of refusal used in refusing my asylum in March 2011.

I appeal against the decision and was given a tribunal court hearing (17th May 2016) nearly a year after .... on the day, My barrister and I attended the hearing but was adjourned due to the bundle of witness statement not available to the home office but was available to the judge (it arrived at the homeoffice a day before the hearing but the officer was not in the office to collect, very wired and unlucky for me and a silly excuse).

Now, I have my hearing next Thursday ..... 28th of July 2016 What is your opinion on the outcome and any advice ???????

It is really stressful to wait all that time without any documents or Identification as it has been held by the home office .....

[member]

Why did your asylum get refused?

[Salahben86]

I have applied for asylum in the UK and asked to be recognised as a refugee. I claim to have a well-founded fear of persecution in Libya on the basis of my political opinion.
HO have considered my claim on behalf of the secretary of state
HO have considered whether I qualify for a grant of HP in line with paragraph 339C of the immigration rules
In the light of all the evidence, HO have decided that I have not established a well-founded fear of persecution so I do not qualify for asylum. My asylum claim is therefore refused under paragraph 336 of HC395 (as amended).
HO have also decided that I have not shown that there are substantial grounds for believing that I face a real risk of suffering serious harm on return from the UK so I do not qualify for HP.
Therefore, My claim has also been refused under paragraph 339F of the immigration rules.
HO have also considered whether the circumstances of My case mean that My removal from the UK would breach My right to respect from family and private life under article 8 of the European Convention on Human Rights. this Consideration has been determined in accordance with Appendix FM to and paragraphs 276ADE(1) to 276CE of the Immigration Rules, by virtue of paragraph 326B of the immigration Rules.

HO decided that I do not qualify for leave on the basis of family or private life in the UK
My application is refused under D-LTRP1.3/D-LTRPT.1.3 and 276CE

HO decided I do not qualify for Discretionary Leave
Claim has been recorded as determined on June 2015

I didnt know how to answer your question, so I copies from the refusal letter .... and there is a 16 pages long detailed refusal ....

[vinny]

2000 - 2004 with Father as my father was working for the Libyan embassy as a diplomat

How is your father doing now?

[Salahben86]

As I claimed asylum in March 2011, I stated to the HO that my father is working for the Foreign Ministry and this was my reason not to claim on my arrival at the air port (due to history of MI5 exchanging Asylum seekers with Gaddafi regime) and had to wait until my father left the country to tunisia (was on my main interview date in May 2011)

My father has been treating cancer in Austria in the late 2013 and have wrote to the HO many times (plus many phone calls) asking them to speed up the process so I could see my father. They (untill now) did not believe me and now my father has passed away and have evidence from Austria's borough of his death.

Regarding Mother and sisters, they remained in tunisia and stopped communicating with me as they did not believe that I could not travel to visit my father. very sad story the HO have put me in ....

I also have my older brother (Pilot and was born in 1977) in Italy, he left the country at the same time but did not have visa or way to get to the UK. He claimed asylum in Italy and was granted leave.

I now have no family or friends in Libya and will not be able to obtain employment as all foreign companies (As i used to work for Shell EP) have left the country.