Can one get free immigration lawyer in detention/JRquestion

[Chidiebube]

Hello seniors please help me out!.

I applied for indefinite leave to remain due to domestic violence(I'm a man),it was refused but I had a right to Administrative Review which I have done.I have been making the applications myself because I don't have the fees for a lawyer.I want to know if say I get detained at some point,can I get free or charity immigration services while in detention?.......I am praying for the best outcome for the Administrative Review,but I want to be forearmed just in case.The Home Office have proven to me that they are bullies!

[CR001]

Did you submit documentary evidence of the domestic abuse?

How do you believe HO have "bullied" you?

What error do you believe HO has made that might result in a successful AR?

What was the reason for refusal?

[Kiwelshi]

Yes, I had a free solicitor while I was in a detention center and also a meeting with home office which was actually valuable. As a result of those meetings I had enough information to determine where I stood and what my chances were. I did not stay long enough to continue seeing them (got the next ticket back to my country to increase my chances of returning to the UK) and they offered legal advice rather than being your representative as such. Some detainees had a few appointments each week, but their cases were more complex than mine.

[Chidiebube]

I applied earlier claiming destitution because I was sick,haven't worked for months.I was involved in a car crash and was assaulted in the workplace that left me with musculoskeletal and spinal health issues and it greatly affected my work life.I sent proof of my income and sick leave reports,I have been off work for months.But my first application on the 17th of October was considered invalid because I didn't pay the fees,the case worker cited that i was employed and i have £510 in my account ignoring that £200 was given to me by a charity,I got the reply on the 8th of December,my visa expired on the 17th of October and I became an overstayer.

I eventually raised the fees and applied on the 22nd of February,as my evidence I submitted an audio clip of a conversation between my wife and her sister and it truly showed that my wife's son was violent toward me,he was abusing me and he didn't want me in the home.I also sent two pictures of incidents that happened to me.
1. On one of them my stepson placed his mother shoes on my bag
2.On the second one my stepson placed a bin bag with bin on my path

3. I also submitted my wife's divorce petition against me, it showed that she was monitoring my online activities and she was threatening that she won't support me to renew my visa.

I didn't submit the regular Home Office requirements like police reports etc.But the Home Office guidance notes states that all and any evidence must be considered.

The reasons the case worker cited in the refusal later are.

1. The dvd containing the audio clip could not be played,in any event there is no transcript and moreover it is not possible to verify who the speaker is.

2. There is no way to verify who placed the shoes on my bag and there is no way to verify who placed the bin bag on my path but in any event it is not evident that either of these actions would have caused harm to you or to your property.

I was trying to point out from the divorce petition that my wife ceased my phone and my laptop.

The new definition of domestic violence includes acts of psychological and emotional abuse,coercive or threatening behaviour even if it is short of physical assault.

I was very ignorant,I was deceived,I thought I was in love,I thought I was strong and I will work things out.I never knew I could have called the police to recover my laptop and my phone from her.

A man from Africa is not used to this lifestyle, calling the cops for ones wife is like a taboo.

I have learnt my lessons though, when you go to Rome you behave like the Romans as the old saying goes!

[Chidiebube]

In my administrative review I cited that it is not right to reach a decision without considering all the documentary evidence I submitted (the Audio clip is my main evidence).

The statement: Moreover, it is not possible to verify who the speaker is very callous, implying the case worker by extension the HO are bullies.

I will be punished if I submit false documents and now I am being told my documentary evidence,an audio clip containing speech by my ex cannot be verified.

This citation may be minor, but stating that placing a bin bag on my path and shoes on my bag are not evident to have caused harm to me or to my property is wicked. They encourage abnormal behaviour!

[CR001]

How is HO suppose to verify a audio clips that you havr taken? It could be anyone in the clip. HO are not being bullies, they have made a valid point.

Likewise the shoes and path is not evidence of harm to you.

[Chidiebube]

As an allegory :

Will you be OK if I place a bin bag filled with bin on your car?

Will you be OK if I stand in front of your car and refuse to leave when you want to drive out?

Everyone will be hurt and unhappy when such actions are taken against them!

I clearly stated that the audio clip is the voice of my ex wife and it cannot be verified?

FBI and other security agencies use audio clips as evidence against people in courts,why should mine be different?

[noajthan]

We cannot really rehearse the merits of the case here. This is not an immigration tribunal or court of law.

A member has helpfully explained how some sort of advice and representation may be available to persons in detention.
In the prevailing economic and geopolitical climate in this country, and with cutbacks in other areas of legal representation. I was surprised to learn how my tax £££ are being spent.

Hopefully in your case it won't come to that and you will have no need to road-test that kind of service.

[Chidiebube]

Hello Seniors,I need clarity on this issue,your replies will be greatly appreciated.

my Administrative Review was not successful and I intend going for Judicial Review.I want to know the date the 3 months window for Judicial Review starts counting.Is it from the date of the first refusal or the date the Administrative review decision was received?

[Lawful10yearilr]

@Chidiebube,

As I understand 3 month window for JR start from the date of original decision. Wait for senior members and moderators to confirm.

[Casa]

Bear in mind that during a JR you lose the protection of Section 3c. This is only restated if JR is successful.

[Chidiebube]

Thanks guys for the information,I lost my Section C rights earlier this year.The date on the refusal letter is 3rd of June but I eventually got the letter on the 28th of July.It was purely Royal Mails negligence.I applied for Administrative Review on the 10th of August and got a reply on the 2nd of September.The Administrative Team didn't complain about the date,I hope the Judicial Team will follow suit.

[Chidiebube]

Hello Seniors,please I want you all to read this decision letter and point out the "errors of law" in it and
tell me how I can convince an Immigration Judge to grant me a quashing order on the Home Office decision.
If possible you can back your findings with Immigration rules/guidance and relevant case laws.

[noajthan]

Posts merged.

[Chidiebube]

Hello Seniors,please I want you all to read this decision on my Administrative Review and point out the "errors of law" in it.Give me suggestions on how I can get a right to Judicial Review and eventually convince an Immigration Judge to grant a quashing order on the errors of law contained.

If possible you can back your findings with Immigration rules/guidance and relevant case laws.

[Chidiebube]

Hi noajthan,how can I be assured that my new posts will be viewd,because the original thread is old and members have stopped viewing it.

Reply or pm and delete my comment and yours

[noajthan]

Because people read latest post updates - that's how it works.

Maintaining a single topic for your case presents the whole case in context with background information.
If anyone has anything to contribute I'm sure they will.

[Wanderer]

A cheque, some shoes on a bag and dubious audio clip doesn't sound like DV to me.....

[Chidiebube]

The Cheque is not relevant to the application,I didn't say anything about it in my application.I had earlier applied claiming destitution that is why it is still there.I should have made a new CD copy without the cheque.

It is not fair to say that the audio tape is dubious,if it is then the HO should refuse my application on the basis that I submitted a false document.

I was ignorant at the time,I thought I have to prove domestic violence occurred myself,I didn't know the police could help and there was support for men that are victims of domestic violence.I have never reported anyone to the police prior to those incidents.

My wife ceased my phone repeatedly,held it for days and transferred text messages to her phone.She ceased my Laptop and my BRP.I should have called the police to recover those properties but I didn't.Domestic violence affects its victims in various ways in my case I was afraid of taking any action against her else she won't support me in the renewal of my visa.

I was also afraid to take any action because I was afraid I will be sent out of the home and I will become homeless.

When one is in relationship where they feel they can work things out and the perpetrator of the domestic violence intends to punish the victim it can be hard to get evidence.

I am pretty convinced there are "errors of law" in the above documents.The HO couldn't play the clip hence they ignored it.That's not a fair practice.

They didn't consider my evidence because I submitted the document in a wrong format.There are immigration rules that compels the HO to request the correct format of a document from an applicant before they can make a decision.

I am thinking of submitting the tape(I've finally made its transcript) to the police,they can be helpful to investigate for the records and verify who was speaking.The contents are very graphic and compelling that domestic violence occurred.

I can submit an image of the transcript if you want.

[Casa]

Has the transcript been legally verified as a genuine transcript of the audio tape

[Chidiebube]

@Casa : Many thanks for your response,I will attach a copy of the certified cover page.Please let me know
if that is what you mean....Cheers!

[Casa]

Well it's a professionally translated transcript of the audio tape, but whether that will be accepted as a legal transcript needs to be confirmed.

[Chidiebube]

This is a copy of the Transcript,please read and give me your opinion.
In the initial part she was talking about her parents
Is it compelling enough that domestic violence occurred in my relationship with my Step-son?

[Casa]

I'm a moderator, not a legal professional. I really don't think it's appropriate to post this on the open forum and it may cause you legal issues.

For that reason I've locked this thread temporarily.