"Stop the clock" notices - Article 8

[kg1983]

Hi

I just wanted to know. If a human rights application under Art 8 has been refused, there is an appeal right then does it stop the clock for the purpose of 14 years long residence? In the appeal letter, judge said "Removal Directions" were given and the appellant is appealing against it. We came here on visitors visa so weren't illegal entrants or anything.

Can they issue "stop the clock" notices if there is a right to appeal on Art. 8?

[kg1983]

Also found this on BIA website:

2.1.5 Events that “stop the clockâ€

[Mr Rusty]

People become liable to be served with Removal Directions either when served with IS151a (i.e. option a in your quote from the BIA website) or with a notice of inention to deport (option c) OR

option b) - paras 8-10a of Schedule 2 of the 1971 Act, which also covers passengers who have been refused entry. So, someone arrives at a UK port of entry, is refused entry either on the spot or makes a claim which is refused much later after, say an asylum or Human Rights claim, in which case a form IS82 is served, and has the same effect as a 151a in terms of liability to removal, detention etc.

If your appeal determination says that removal directions were served there could be little doubt that they were, and it would look as if your clock was stopped.

[kg1983]

We weren't refused entry on port etc. Also our solicitors got all the correspondence and I thought such notices were served on last known address of the appellant.

I mean can they just issue removal directions with the HR refusal even though there is a right to appeal.

[VictoriaS]

Yes they can, and these days they frequently do.

Victoria

[kg1983]

But now as you probably know the reconsideration was allowed and we were advised by the counsel to reapply on art 8 grounds to the home office and we did. So would removal direction affect the case in any way?

[VictoriaS]

I don't know.

Victoria