FLR(FP) Rejected No Right To Appeal

[Africanthunder]

Hi guys, I know that I have posted this on another thread, but am at a total loss and am in serious need of any guidance.

Hi thanks for your reply. As you can imagine, we are all a little low today, but now have the letter to hand. The reasons for the refusal, is that I was sentenced for fraud in 2005, for 15 months, and that is not spent yet...?? Furthermore, I have 4 drink driving offences in 20 years and have deemed me a persistant offender.
Also states the usual blah blah that my wife can assume the role of sole parenthood etc, and that I must still have ties to Zimbabwe.
Please people any suggestions would be sooooo appreciated. My lawyer reckons my wife could go to another EU country, and do it that way, or, waiting for a removal order which ""MIGHT"" generate an appeal.
In the meantime, am thinking of writing a reconsideration request letter, but just to buy time really, as they have told me to call my local enforcement team!!!!
Furthermore, I have reporting once a month at the local police station, and am now living in fear of them suddenly knocking at my door and taking me in for detention.
ANYONE, PLEAAAAASE HELP, or suggestions....
P/S...my wife and kids are British and have never been to Zimbabwe. I have never left the UK since August 1994. Kids are 10 and 14 years old.

[Obie]

Ask them to provide you with a removal notice as you have children. A removal notice will confer on you a right of appeal.

You came in 1994, so you have been here for 20years, however time spent in prison is excluded.

Was a deportation order issued against you, when was your last drink driving offence and were you sentenced to imprisonment for it?.

[Africanthunder]

@ Obie, thank you very much for your quick reply.
No, there was no deportation order, but requested me to get in touch with my local enforcement team etc.
As for my drink drive offences, the last one was last year in May (2013), and was banned for 12 months.
I have no other custodial sentences except for the 15 months in 2005 for fraud, although I only served just under 4 months inside.
Apologies for being an absolute novice, but if I asked them for a removal notice, would that automatically start triggering the whole deportation process?

[MPH80]

It would start the process, yes, but equally it generates a right of appeal - which you don't currently have.

[Africanthunder]

It would start the process, yes, but equally it generates a right of appeal - which you don't currently have.

Thank you so much for the pointers and clarification. Sincereley appreciated.
Just a final thought, is there any type of timescale for being issued with this removal notice, and also, is the appeal held in front of a judge or dealt with again by Home Office?

Once again, thank you so much guys.

[Obie]

The secretary of State has designed the rules in such a way, that you will keep getting refused under.

LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because
they have been convicted of an offence for which they have been sentenced to imprisonment
for less than 4 years but at least 12 months

For entry clearance, it elapses after 10 years

EC.1.4. The exclusion of the applicant from the UK is conducive to the public good because
they have:
.....
(b)
been convicted of an offence for which they have been sentenced to a period of
imprisonment of at least 12 months but less than 4 years, unless a period of 10 years
has passed since the end of the sentence; or

The Secretary of State will keep refusing in those circumstances.

If they issue removal notice, then paragraph 400 of the rules will apply.

400. Where a person claims that their removal under paragraphs 8 to 10 of Schedule 2 to the
Immigration Act 1971, section 10 of
the Immigration and Asylum Act 1999 or section 47 of the
Immigration, Asylum and Nationality Act 2006 would be contrary to the UK's obligations under
Article 8 of the Human Rights Convention, the Secretary of State may require an application
under paragrap
h 276ADE (private life) or Appendix FM (family life) of these rules. Where an
application is not required, in assessing that claim the Secretary of State or an immigration
officer will, subject to paragraph 353, consider that claim against the requirements
to be met
under paragraph 276ADE or Appendix FM and if appropriate the removal decision will be
cancelled.

The Surinder Singh route that your lawyer suggested may be a wise idea.

[Africanthunder]

Thank you Obie for your clarification. Yes my wife and I have been debating the Surinder Singh route, but, just to add more confusion to the issue, myself, my wife and our older child are all HIV+ and are undergoing treatment. It will be almost impossible to leave for 3 months but we shall pray.

[Obie]

Well in those circumstances it will be unreasonable for you and your wife to live the UK.

Pursue the removal notice, you are entitled to it, and i believe you will succeed in an appeal.

Try and keep you head down in the meantime and avoid driving whiles disqualified.

[Africanthunder]

Thank you so much Obie... I was in the midst of requesting reconsideration due to the fact that the wife is right now in hospital, and I am looking after her and the kids. However, the more I read up, I can see that I do not have any grounds for that as H/O has not erred in their application of the law...

As for drink driving, I have not touched a drop for over one year now....too little too late, but family is too much to lose for the sake of alcohol.

[Obie]

yes i am sorry to hear that. She will not require long term care, does she? apart from the anti-retroviral is there any other health issues?

[Africanthunder]

I hope she will not require long term hospitalisation.
As for me, besides the anti-viral drugs etc, I do not have any major health concerns. My wife on the other hand has a very low platelet count and has to be constantly monitored. The last occassion she had to be in hospital for 3 weeks undergoing various transfusions.
If I was returned to Zimbabwe, I would seriously have no place of abode ( not just saying it for H/O purposes)....my entire family is here in the UK.

[Obie]

Also see Appealable Removal decision[/b]

[Obie]

Also see Appeal able Removal decision[/b]

[Africanthunder]

Also see Appeal able Removal decision[/b]

Kudos!! Brilliant article....thank you loads!!

[Obie]

You are most welcome.

I wish you all the best and hope they grant you the right of appeal.

[Africanthunder]

Hi guys, my saga continues... I have just contacted another solicitor and this is the response that I have received....


We can try to challenge the decision that the UKBA made but I would like to get advice from Counsel . I will need to get £500 on account of costs to get advice and grounds for a Judicial Review Challenge with the Administrative Court .

Please advise if you would like to proceed on those terms.

Regards


Now with finances as stretched as they are and after doing research in terms of JR etc, does this sound like a plausible course of action? I have also read in another thread whereby a letter to reconsider triggered off a right to appeal. I know I might be clutching at straws, but any ideas would be extremely appreciated.

[Obie]

Which region of the UK are you based?

[Africanthunder]

Which region of the UK are you based?

Hi Obie, thank you so much for your prompt response. I am based in Derby. Just getting a little confused with differing legal advice, and would not want to waste good money. I did raise this issue up and have just had this reply.....

Dear
I think you have a good chance. I did want you to get advice from counsel first as to whether it's worth pursuing .

Your convictions are serious BUT there is the issue of the children and it's weighing those two issues .

Our fees for JR and in stages and yes they can come up to £6000 but that is one of the only remedies available to you .

The other option is making a protection and human rights based claim . This would trigger a right of appeal in the Tribunal if refused . It may be advisable for you and your wife to come and see me. I would be able to explain issues clearly to you .

Regards

...I apologise if I am coming across as a little slow. Just an area of expertise that I do not have a clue about and do not want to leap in with both feet without doing my homework.

[Africanthunder]

.....confused.com.....

[Obie]

Yes the fee seems high.

I am very sympathetic with your plight, and if i was in you local area, i would have assisted.

Yes the conviction is relevant, but there are other factors weighing significantly in your favour.


1. There was no deportation order, nevermind one under the UKBA act 2007

2. You medical issues and that of your children, and the support you are providing to them all including your wife.

3. They are minor and their best interest does not seem to have been considered properly, and importantly they are British Citizen.

4. The Secretary of State has not applied his policy, in making removal decision in cases like yours were minor children are involved, which will confer a right of appeal

5. The prison sentence your received is below 4 years, so you long residence and family consideration, and health consideration, should out weigh the other consideration.

I am not a betting man, but i believe you prospect of success is pretty strong.

Firstly, you need to get a PAP done, asking them to reconsider the medical , and in any event a right of appeal.

2. If they fail to respond, then a JR should follow.

[bongwem]

Hello Africanthunder, I am new on the forum from Zim and in a very similar situation to yours. I would appreciate some advise on how you have got on with you case.

[sumon49]

Hi

I need some information please. I came in UK January 2008 with student visa. From January 2008 to May 2010 I have finished english course and diploma course which was level 3 and 4. From June 2010 to June 2012 I have finished my Bachelor (level 6). After that I have applied for MBA (level 7) and got visa until 2nd September 2014 but couldn't finish my course. After that I have applied for FLR (FP) visa and refused with right of appeal. My appeal first hearing date issued on July 2015. I got one baby girl and her age is 3 years and 1 month. She born in UK. My wife came in UK march 2009. We never been outside of UK since we came here. Could you please provide me information that what I can do next?

Kind regards

[lomik]

Hi

I need some information please. I came in UK January 2008 with student visa. From January 2008 to May 2010 I have finished english course and diploma course which was level 3 and 4. From June 2010 to June 2012 I have finished my Bachelor (level 6). After that I have applied for MBA (level 7) and got visa until 2nd September 2014 but couldn't finish my course. After that I have applied for FLR (FP) visa and refused with right of appeal. My appeal first hearing date issued on July 2015. I got one baby girl and her age is 3 years and 1 month. She born in UK. My wife came in UK march 2009. We never been outside of UK since we came here. Could you please provide me information that what I can do next?

Kind regards

hi does your wife has a leave? what about your child? is she brit citizen?

[sumon49]

Hi
My wife still with me. No my baby is not british citizen as we are not british.
Thanks