ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

My fresh calim ( protaction and human right calim was refused with right of apeal

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Sun Nov 12, 2017 11:38 pm

I came to the UK in 2012 and claimed asylum same day from Somalia, but they arrested me same and put me in prison, i spent in prison more than 7 months, i was released from prison in 2013 on bail so my question is why the Home office treating me as a foreign criminal instead of asylum seeker?

pls note the reason they arrested was because i was using a passport which was not mine because in Somalia it was hard for me to get my own passport cuz of the civil war and i explained that to them,

the other question i need to ask is what is the difference between normal asylum case workers and immigration criminal case workers ?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by Wanderer » Mon Nov 13, 2017 11:06 am

WIIL WAAL wrote:
Sun Nov 12, 2017 11:38 pm
I came to the UK in 2012 and claimed asylum same day from Somalia, but they arrested me same and put me in prison, i spent in prison more than 7 months, i was released from prison in 2013 on bail so my question is why the Home office treating me as a foreign criminal instead of asylum seeker?

pls note the reason they arrested was because i was using a passport which was not mine because in Somalia it was hard for me to get my own passport cuz of the civil war and i explained that to them,

the other question i need to ask is what is the difference between normal asylum case workers and immigration criminal case workers ?
Because identity theft is a criminal offence in the UK
An chéad stad eile Stáisiún Uí Chonghaile....

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Tue Nov 14, 2017 7:55 pm

thank you very much for your reply, okay i understand that but there is a law which says if your life is in danger you can use any docs in order to save your life whats about that? also my other question was whats difference between immigration normal case worker and immigration criminal case worker ?

i would really grateful if you answer the last question thank you

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by Obie » Tue Nov 14, 2017 8:16 pm

You need to seek legal advice and take your case to the Criminal case review commission.

Also your lawyer could rely on Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013).

On the basis that the conviction was unsafe and breach your convention right, as you were seeking to escape from harm.
Smooth seas do not make skilful sailors

olosh
Newly Registered
Posts: 25
Joined: Sun Oct 29, 2017 1:44 pm
Bangladesh

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by olosh » Tue Nov 14, 2017 9:41 pm

Try not to take it too personally. They seem to regard pretty much everyone as criminals :-(

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Tue Nov 14, 2017 9:52 pm

Obie wrote:
Tue Nov 14, 2017 8:16 pm
You need to seek legal advice and take your case to the Criminal case review commission.

Also your lawyer could rely on Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013).

On the basis that the conviction was unsafe and breach your convention right, as you were seeking to escape from harm.
thank you very much this is really interested,

how could i contact to criminal case review commission? am i going to court again if they take my case.
i have been struggling a lot my case is being held by criminal case workers , they sent me to report every week, also used to have tag/curfew and i was on bail with surtes, they dont give me anything no income and i have to support everyweek

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Tue Nov 14, 2017 9:56 pm

olosh wrote:
Tue Nov 14, 2017 9:41 pm
Try not to take it too personally. They seem to regard pretty much everyone as criminals :-(
yeah i know its being really hard for me i have tag/curfew nearly 4 years, i have report every week even tho they know that i dont receive anything they still insist i must report, im so mentally tired

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Fresh Claim based on article 3 and 8

Post by WIIL WAAL » Sat Nov 25, 2017 11:14 pm

Hi everyone,

I hope someone will answer my question, I'm from Somalia i have made fresh claim based on article 3 in 2015 with further submissions based on article 8 because my wife is a British Citizen and we expecting our first child we also living our own house, i have been living In the UK almost 6 years my mother is British Citizen and my sisters,
i heard its against the law if EU countries send people back to Somalia since its still dangerous.

so my question is there anyway i can get statues i mean what do you guys think about my case

i would really apperacaite any answers
WIIL WAAL

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by vinny » Sun Nov 26, 2017 12:58 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Sun Nov 26, 2017 6:06 am

vinny wrote:
Sun Nov 26, 2017 12:58 am
Posts merged.
hey vinny i don't understand why did you moved my question into this topic the both questions have nothing to do with each other if you read it probably so please explain it to me thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by vinny » Sun Nov 26, 2017 6:26 am

Background information may be useful when seeking answers to questions.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

I was released on immigration bail the HO tell me am not on bail anymore

Post by WIIL WAAL » Tue Dec 19, 2017 7:38 am

Hi guys i hope you all doing well

i was released on immigration bail and i used to bring two sureties with bank statements every month past few years to Home office reporting centre,
but i have realised i am not on bail anymore as the HO is not request me bring two sureties every six months anymore and the restrictions the HO imposed me is not included the bail anymore

does the immigration bail has limit time?
is it possible this could be a good sing for my application and what makes them to change their mind this time ? or is it just normal thing?

i would be very grateful if anyone can give me answers regarding on this
thans

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by CR001 » Tue Dec 19, 2017 9:38 am

vinny wrote:
Sun Nov 26, 2017 12:58 am
Posts merged.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by WIIL WAAL » Tue Dec 19, 2017 8:05 pm

CR001 wrote:
Tue Dec 19, 2017 9:38 am
vinny wrote:
Sun Nov 26, 2017 12:58 am
Posts merged.
come guys i don't know why you keep doing this to me, don't i have right to post/ask advice to people in this site, this is not fair, this topics has nothing to do with each other

you moved a lot of questions that i have posted in this topic which has nothing to do with this topic, am really dispointed and thats not fair to do please dont do that to me cuz NO WILL ANSWER MY Question YOU KNOW THAT WHEN U MOVE HERE please explain to me why you doing to me, the topics has nothing to do with each other

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: I was released on immigration bail the HO tell me am not on bail anymore

Post by CR001 » Tue Dec 19, 2017 9:02 pm

The forum has rules for a reason, I suggest you read them, particularly the link below, which is the same link as the 'Topics Merged' link that vinny has already posted previously.

Multiple Topics (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: I was released on immigration bail the HO tell me am not on bail anymore

Post by Obie » Wed Dec 20, 2017 9:26 pm

WIIL WAAL wrote:
Tue Dec 19, 2017 7:38 am
Hi guys i hope you all doing well

i was released on immigration bail and i used to bring two sureties with bank statements every month past few years to Home office reporting centre,
but i have realised i am not on bail anymore as the HO is not request me bring two sureties every six months anymore and the restrictions the HO imposed me is not included the bail anymore

does the immigration bail has limit time?
is it possible this could be a good sing for my application and what makes them to change their mind this time ? or is it just normal thing?

i would be very grateful if anyone can give me answers regarding on this
thans
They may have removed you from bail to Temporary admission by issuing you with a IS96. There is no change to your status, it just mean if your abscond, your surety is no longer responsible.
Smooth seas do not make skilful sailors

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

My fresh calim ( protaction and human right calim was refused with right of apeal

Post by WIIL WAAL » Sat Sep 22, 2018 4:28 pm

Hi everyone i hope someone will give me advice,
I couldnt find same topics so i decied to strart my own topic,
I came to uk from somalia 6 years ago i aplelaid asylum same day but i got arrested same day cuz i was using a false document, they put me in prison gave me 12 months sencentes then i was realsed on immigartion bail with condtion of electronic tag( i had tag for three years and half) , my asylum application was considerd by the HO? they refused on 2014 with right of apeal, then FTT refused my application the apeal right was exsusted 2015, i made fresh calim application based on protoction 2015 then i got marreid with britsh patner 2016 and we had a britsh child on 2018 i send to HO every evedince about my family (our wedding pic, proof of we living togther since 2016 my wifes britsh passport and my child british passport everything) they refused my fresh claim applicatoin this year with right of appeal, they accepect in the refusal latter that i have gunine and substing relationship with my patner and child they accepted i have patrenal relationship with my child,they accept i would be undly hursh for my britsh child and wife to go back to somalia with me cuz Ho themselves admited its not safe for british citizins to even visit somalia,but they say its not undly hursh for them if they deporte me to somalia, they also say im forgin crimnal and the best intest of the public requirs my deportion and they also say the public intrest is bigger than the best interest of my child and my wife,

Are HO breaching article 8? Cuz they didnt say we can live toghther as family any other country ect

Please note i was young the time i came to uk i didnt even know whether it was crime to use false passport in uk and threre was confilect in somalia, i was also under control of agents who brought me to uk, in somalia my life was in danger and i had to run away i had no chioce,
The HO keeping treating me im a forgin criminal how could i get rid of that is there any chance we could win the apeal im worried cus i dont wand lose my family and my life will be in danger if i send back there.

Now the appeal the refusal what do u guys think of this case i would really appericate ur adive thanks

User avatar
CR001
Moderator
Posts: 88044
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: The home office treats me as a forgin criminal instead of Asylum seeker

Post by CR001 » Sat Sep 22, 2018 4:40 pm

CR001 wrote:
Tue Dec 19, 2017 9:38 am
vinny wrote:
Sun Nov 26, 2017 12:58 am
Posts merged.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Casa
Moderator
Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by Casa » Sat Sep 22, 2018 4:41 pm

Were you involved in any criminal activity in Somalia before you entered the UK with false documents :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by WIIL WAAL » Sat Sep 22, 2018 6:52 pm

No,i never committed any crime before in somalia

bathanza
Senior Member
Posts: 693
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by bathanza » Sat Sep 22, 2018 8:57 pm

WIIL WAAL wrote:
Sat Sep 22, 2018 6:52 pm
No,i never committed any crime before in somalia
You poor thing. What a journey you've gone through. With a fresh claim they will consider this under a further submission/fresh claim and they rule it in such a way that you are most like able to get granted a visa under another route!

At least they have given you a right of appeal. If you have the funds you should appeal this. But. They may just use further submissions and tell you they can deport you. It might be and endless loop for you. A solicitor, a good one, will help you.

In no comparison to case AT ALL with what happened with my husband (as he wasnt asylum) with a further submission when we applied in 2016. We are married and now pregnant. But I have a medical condition which makes it harder for a separation for entry clearance and will cause me hardship. After 2 long years and his 11 year overstay we got his visa last month (Praise God)

you can put a NEW application in FLR FP partner route based on British spouse, your marriage and your British child

You'll need to explain clearly WHY it would cause your hardship and breach your human rights article 8 to be removed to seek, e.g Entry clearance and also proven threat to life.

New application/appeal cost might end up same.

Wishing you well.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by WIIL WAAL » Sat Sep 22, 2018 9:32 pm

Thanks for your reply, the confusing thing about my case is even the ho admitted somalia is not safe and they did not say you need to apply from somalia am not even sure if they british empessy in somalia working, i never heared anyone apply from there cuz of securty reasons there i even hearrd somali passport is not reconize they uk govememnet, what they saying is we will deport you and my family cant come with me cuz of the sitution there and they admit that as well. My life will be in danger as well

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by WIIL WAAL » Sat Sep 22, 2018 9:37 pm

I think the main reason they refusing my application they saying im danger to public cuz i use false document!! I have never commited any other crime

bathanza
Senior Member
Posts: 693
Joined: Sat Oct 15, 2016 6:56 pm
Location: London
United Kingdom

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by bathanza » Sat Sep 22, 2018 10:16 pm

WIIL WAAL wrote:
Sat Sep 22, 2018 9:37 pm
I think the main reason they refusing my application they saying im danger to public cuz i use false document!! I have never commited any other crime
Obie did provide a reference point for your lawyer to use. I just read that and would be good to use for appeal. Did you provide that reference in the fresh claim and explain why you used a false ID

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

WIIL WAAL
Newbie
Posts: 41
Joined: Tue Nov 07, 2017 8:01 pm
Senegal

Re: My fresh calim ( protaction and human right calim was refused with right of apeal

Post by WIIL WAAL » Sat Sep 22, 2018 10:34 pm

No i didnt i will show my lawyer and see what he says

Locked