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Can this be true?can only guess that the Minister's sentence beginning "Nevertheless..." applies only to someone who is served with removal directions when they've already volunteered to go. The reality probably is that unless someone, immediately on receipt of an adverse decision from a caseworker which includes a 151a, or is arrested and served with same, and immediately volunteers to depart, he/she will be treated as having been removed, and ECOs will invoke 320.7(b)
I don't know. But that's why I say there is now an area of uncertainty. The concept that someone is served with a 151a Part 2 and then decides to claim asylum/human rights,or makes some other application, or waits for UKBA to obtain a travel document for them (a cause of much delay), and then gets on a plane only when all other options have disappeared, is stretching "voluntarily" beyond credibility - in my opinion.Twin wrote:Can this be true?can only guess that the Minister's sentence beginning "Nevertheless..." applies only to someone who is served with removal directions when they've already volunteered to go. The reality probably is that unless someone, immediately on receipt of an adverse decision from a caseworker which includes a 151a, or is arrested and served with same, and immediately volunteers to depart, he/she will be treated as having been removed, and ECOs will invoke 320.7(b)
My comments were in general rather than specific to your friend's case, and he may well be able to argue that he was not removed. If he emails or writes to the Entry Clearance Manager at the office where he was refused and asks for a review, he should get a reply within a few days. But he should also ensure that his appeal is submitted within the allowed period, which I think is 28 days. He can always withdraw it if the ECM overturns the decision.mna8 wrote:HI,
But in his case he is the one who inform about his presence to HO. He was cheated by solicitors. During his full time after he submitted his application to HO, court case, appeal, workpermit, and FLR he never go beyond 28 days. Once his FLR for work permit rejected also he left the country.
If he send a review usually how long it will take, and what are the normal time of appeal if we do it UK.
Thanks
Mr Rusty wrote:I don't know. But that's why I say there is now an area of uncertainty. The concept that someone is served with a 151a Part 2 and then decides to claim asylum/human rights,or makes some other application, or waits for UKBA to obtain a travel document for them (a cause of much delay), and then gets on a plane only when all other options have disappeared, is stretching "voluntarily" beyond credibility - in my opinion.Twin wrote:Can this be true?can only guess that the Minister's sentence beginning "Nevertheless..." applies only to someone who is served with removal directions when they've already volunteered to go. The reality probably is that unless someone, immediately on receipt of an adverse decision from a caseworker which includes a 151a, or is arrested and served with same, and immediately volunteers to depart, he/she will be treated as having been removed, and ECOs will invoke 320.7(b)
Bear in mind that anyone who is arrested and served with papers could have made any of those applications before they were caught, so they can hardly be said to be voluntarily departing once they do come to notice, if they then dig their heels in.
Until this is tested at appeal, who can say?
There is no valid reason for overstay.aachaudh wrote:I want to know if the new rules apply to those people who have a valid reason for overstay. For example, in the case of someone who applied for a visa and on waiting for the reply their visa expired. Now if the visa application is rejected, then how is the overstay period considered.