Removal

[breeze123]

IS96 is a Temporary release/release on restrictions apply variously to on-entry, illegal entry and deportation cases.
Usually Employment restrictions /Reporting restrictions to Immigration Service IS
NW stands for No Work
when granting temporary release to an illegal entrant or person served notice of administrative removal
serve form IS96, informing the subject of his release and the restrictions imposed upon him;

serve form IS106, the release order, on the custodian;

A person who is served with a notice of illegal entry, notice of administrative removal, or is the subject of deportation action is liable to detention, such a person may, as an alternative to detention, be granted TR. The policy is that detention is used only as a last resort, and there is a presumption of granting of TR. (Another alternative to detention is the granting of bail. The fundamental difference between TR and bail is that the former can be granted without the person concerned having to be detained, while the latter can only be granted once an individual has been detained and has applied for bail.)

[Jeff Albright]

the first one is 13 month old, the second one is due this month, well any time now...how exciting...anyway ..

It is exciting to you as a parent, no doubt. However, as far as the Home Office and the UK legislation are concerned, you are have had children whilst perfectly knowing that you both have no legal status in the UK, you are on the TA, which you have already breached and that you are still likely to be removed from the UK and you have almost no recourse to the judicial system. This factor will be held against you every time you start making any further claims to the Home Office. This is just simply how the law works but nothing personal against you.

[salimnina]

can anyone tell me what discontinued case is? my case was on judicial review based on another to wait for the outcome, then there was a discontinued...that's what is said in the file, as a result my case was dismissed, can anyone help clear this for me plz

[salimnina]

is discontinued case something that can i do anything about it?

[salimnina]

my MP has written to the H/O and he put my new address, would that be a trigger for my removal? I changed my address without letting them know where is m,y new one, the mp wrote a letter of support to them, I am not sure if it will help? or will get me out ?

[salimnina]

Hi
I have a response from my MP who told me that the H/O sent him a letter in which I had applied for asylum, was refused and the appeal dismissed and permission to appeal to tribunal refused, I lodged Judicial Review which remains outstanding...my solicitor didn't tell me so, even in the SAB file it said 'noncontinuous case' which refer to the one that went to the House of Lord and as a result of my solicitor I believe my case is over, i am not sure about it but again can anyone explain and advise me what to do please

[Paulsmith]

If something is outstanding (judicial review in your case) you are eligible for support.

1. Try to get some evidence for the Judicial review
2. Apply for support
3. That would make you a priority for case resolution(only if you receive support)

[Paulsmith]

Did they mention anything about the case resolution programme?

[salimnina]

they mentioned the case resolution yes but nothing more as a statement rather than telling me they will send me a questionnaire, in terms of JR, it says this in a letter from the THE TREASURY SOLICITOR (not my solicitor):

I enclosed notice of discontinuance in this case, which concludes the Judicial Review , so far as the JR is concerned the claimant is removable although of course there may be representation on the file which should be dealt with prior to removal.
I shall close my file...


I am not sure to whom this letter was sent to, nor who is the treasury solicitors, my own solicitor i think sent a request of discontinuance and got the reply. H/O got notified i suppose and they notified Communication house to proceed with my removal.
in my JR it was a case called STP and it seems that TREASURY SOLICITORS were dealing with, here what it says in the H/O report:


"I have telephoned T/Solicitors who is dealing with the case currenntly stayed pending the house of lords judgement in STP due to obe heard on...will advise of progress

28/1/2003

the S of S has won the STP case....she is inn the process of contacting all the reps in the stayed case...will advise when she hears abbout this one, continue to hold

15/8/2003

JR discontinued , O is there for removable, all appeal right exhausted , refer to proceed wiith removal"

my own understanding is that the JR was diiscontinued my solicitor acknowledged it and it's the end, but how come that in the letter to my MP they say it's not yet resolved and I still have JR ? the other thing is if you look at this tread youo will find info about me such I am an absconder and don't know what to do

[Paulsmith]

Did they say that you are not a priority and you case will be resolved till 2011?


I would contact a solicitor and ask him what you should do. However, in case nothing can be done then I would just wait until I get contacted by the HO either for removal or leave to remain.


The treasury solicitors are representing the HO in court.

[salimnina]

thanks for the reply,Well, they didn't say anything whether I am or not a priority, but all they stated was just what they have in the website such as 52.000 were processed , 1/3 removed 1/3 granted...ect and they mentioned that it's by priority such as who pose threat, or on support...ect...and they said that my case that is not resolved like many will be by the end of 2011, the letter was to the MP and kind of standard thought they acknowledged how all my case was progressed from when I applied to my last appeal, anyway is fresh appeal going to help and in that case how is my family standing in all that, I mean do they have to apply or they'll be just like Dependant of the claimer, what is really a discontinuance? and being as absconder would it affect in anyway? I know i should contact a solicitor but again this will help me focus in knowing what to do, thanks