need unity over PSW refusal

[salam123]

Section 17 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 confers on the Secretary of State the power to retain passports and other documents.

The Act reads:

Section 17 Retention of Documents

Where a document comes into the possession of the Secretary of State or an immigration officer in the course of the exercise of an immigration function, the Secretary of State or an immigration officer may retain the document while he suspects that a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts,
and retention of the document may facilitate the removal.

Section 17 came into effect on 1 December 2004.
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 can be viewed at:
http://www.opsi.gov.uk/acts/acts2004/20040019.htm.

I also think it is deplorable that certain people believe they know the law and comment on it when it is plainly obvious that they don't.

Even more deplorable when so-called HO staff do not know what is obtainable and expected of them. If you don't know what happens within the organisation you claim to work for, don't come in here quoting laws which don't depict the actual day to day runnings of the HO. They do not retain passports excepts on grounds similar to those which CCL students find themselves in and the earlier you get that fact right, the better for you. I can't imagine YOU actually represent the HO in court, that's just hilarious!...LOL

the link doesn't work.........

[Frontier Mole]

The retention policy varies across the immigration spectrum and each area can approach the matter differently.

What is questionable is the fact that you do not understand the policy can be different in different types of claim in relation to retention of documents. There is not a straight line approach as you would want people to believe.

As an example you would suggest that CCL are not getting their documents back. That is not the case. CCL fake students have had their passports back even although they practised deception. Why? Because they had continuing leave under another (student?) visa etc. That being the policy as they are NOT YET removable.

Those "students" that have had their passports retained were due to the lack of extant leave. If they are not retained than that is an error. There are some inexperienced caseworkers in Sheffield, no one said UKBA was perfect. Why were they retained? The individual has no right to remain in the UK, if they appeal then the prior leave to the PSW carries on under section 3(c).
It MAY be the case that due to the very large numbers of passports given the scale of the attempted deception there has been a change in the position.

I will check it out.

[killomachi]

are the angels males or females??

who cares??

please lets get back to the subject

[koolbone]

FM, I have absolutely no desire to argue with you on policies of the UKBA which you apparently are very well versed in. At the same time, I have no need to dispute whether or not you work for the HO. Like I said you have been quite beneficial to this forum and for that you should be commended. I only pointed out what I felt was a wrong statement given by you, especially since not only in my case, but of other people I know, our passports were returned with the appeal forms (our visas had expired while our PSW applications were still with the HO). I may be wrong, but you seem to want to tar all refused PSW applicants with the same 'CCL' brush. We are not all bogus students. I finished with a distinction in my Masters from the University College London, a school with outstanding reputation. I am in the situation I am through an oversight on my part. If my appeal is unsuccessful, fair enough. I'll leave the UK with no grudges. This is all I have to say on this thread and will most likely not comment on this forum again.

[khalidsam]

i would like to expose Mr Izhar Shah an immigration lawyer on cranbrook road who has been selling BITE diplomas to people for £3000 to get a PSW. Many got away with it and a handful have got their passports stuck at UKBA. All of you my friends please beware of this solicitor as he is a scamster.
thanks