I Was Served With A Removal Notice. Help ?

[olub]

hello guys,

I got a refusal with no right of appeal, but said if I disagreed, I could send a complaint and put the address on it, which I did In december.



However I got a letter from the local border enforcement agency to attend an interview today and I could bring a solicitor. Hence I called to ask what it was about, and the lady said. Its a mitigation interview and I dont need a solicitor but a friendly catchup.



However on getting there, I was served a removal notice, I initially refused to accept it, as I said I wanted to consult a solitors after being misled. But they refused.



I want to appeal this,



1. What does an appeal entail ?

2. How long does an appeal last ?

3. If the appeal fails, what next ?

4. What other options do I have ?



my immigration history is very complex ( just as everyone else )



kindly advise

many thanks

O

[CR001]

Not everyone's immigration is complex! Some (majority) of us have a fairly unc-complex immigration process.

You will need to give more details on your immigration history, including categories and dates, if you want to get the best advice, for example what visas you have been on, any convictions etc, what category your last application was, were you working or studying, etc etc.

[olub]

I applied for a FLR(O) further leave to remain based on human rights, article 8. Which was refused, as there was a gap during the period of the renewal of my passport. Hence it was refused.

No right of appeal was given, hence I applied for a reconsideration request, which was refused, so I reported to the ombudsman, and then was sent a letter from the UKBA saying if i was unsatisfied i should send a complaint, which i did. HOwever I never got an acknowledgement or reply to my complaint. Then got an invitation in the post and served today.

[CR001]

What was your immigration status before you applied for FLR(O)?

How long have you been in the UK legally/illegal?

Do you have a British partner or British child? What was the basis of your human rights, article 8 application?

[olub]

What was your immigration status before you applied for FLR(O)?

I was under a student visa

How long have you been in the UK legally/illegal?

8 years in sept this year



Do you have a British partner or British child?

no.

What was the basis of your human rights, article 8 application?
yes

[CR001]

You need to explain why and how you qualified to apply for an FLR(O) application as you don't have a British partner or British Child.

What was the reason for FLR(O) application and what are the reasons you applied under Human Rights, article 8?

[PaperPusher]

Have you been served as an overstayer?

[olub]

You need to explain why and how you qualified to apply for an FLR(O) application as you don't have a British partner or British Child.

What was the reason for FLR(O) application and what are the reasons you applied under Human Rights, article 8?

I have a child whom is not a UK resident yet, though born and schooling here, as she is 6. Hence the solicitor said I should apply for a further leave to remain, based on this, and it would be up to the discretion of the UKBA to award it, however it failed. And the UKBA said i dont have a pending application despite the fact I sent one based on the letter I was served.

However my questions still stand. Can you please help shed some lights on timelines of the appeals and what I could do, as if I am a walking time bomb, I want to apply to canada or another country, as I have family there.

many thanks

[peppekalle]

The Notice of Liability to remove is not an appealable immigration decision.
https://www.gov.uk/immigration-asylum-tribunal

You can apply for any visa in Canada you qualify for but you cant do that here till you get your immigration matter sorted or apply from your own country.

[olub]

I was given 3 sheets, one of them says I can appeal the decision, under section82(1)

So my questions still stand. How long does an appeal take and what are the waiting times ?

Do I need a barrister or solicitor or mckenzie friend or represent myself ?

kindly advise
many thanks

[peppekalle]

http://www.immigrationboards.com/genera ... 95216.html
There is a huge backlog with the tribunal around 16-20 weeks.

You can represent yourself but i strongly suggest get legal help.

[olub]

http://www.immigrationboards.com/genera ... 95216.html
There is a huge backlog with the tribunal around 16-20 weeks.

You can represent yourself but i strongly suggest get legal help.

ok thanks.

1. How about, how long does the appeal haring last ?

2. And if it fails what happens next and timelines pls ?

I understand I can request a magistrate hearing, if am correct ?

3. Lastly if all fails, can I still request a judicial review ?


Reason, I ask is I want to know how much longer I would be in this situation.

many thanks for your help

[MPH80]

1. The hearing itself is only an hour or two. The judgement may take a couple of weeks to come after that depending on how complicated the case is - if you win then it'll take (upto) several more weeks for the visa to be issued.

2. If it fails you could appeal to the upper tribunal - but if there's no error in law - that'll fail.

I'm not aware of a magistrate appeal. I think you may be thinking about requesting a full appeal hearing rather than one simply decided on the papers submitted.

3. You can request a JR - but the vast majority are turned down as they are there to challenge the lawfulness of a decision - so if the decision is entirely lawful a JR request will be turned down.

You could be in this position for a couple more years if all of the appeal processes are followed - and still you might have to leave at the end. You could be out of this position in weeks if you take matters into your own hands and leave now.

Given you have been here 8 years - were here on a student visa in the first place (which is temporary!) and don't have a partner or children - I'd say the article 8 application is pretty weak and you should consider moving on.

M.

[uchida]

Hi,
I must say, you have provided very vague information about your situation so it will be difficult giving proper advise (if any). As far as Tribunals and appeals go, it depends on where in the UK you are applying from. Usually the South East has more applications so hearing dates are sometimes 6 to 7 months from the date the court receives your appeal request. Wales, is much lower, and you can see 4 or 5 months before a hearing. If the first tier tribunal fails, then you can apply for a request to appeal to the second tier tribunal. The application to the second tier can only be allowed if there is strong evidence of error in law in deciding your appeal by the first tier tribunal. The decisions are sent to you by post within 2 weeks of the hearing.

If the appeal fails, both in the first and second tier..then maybe a judicial review might be an option.

You said, the Home Office has denied you the right to appeal in your message, so how are you going to go through the route of appeal, if you don't have the right to appeal in the first place.

I think it's best you give a more concise detail of your immigration history, so a more sound advise can be proffered by anyone on here. You also have to remember that the advise you get on here should not be substituted for professional advise given by a qualified immigration solicitor or barrister.

[olub]

Hi,
I must say, you have provided very vague information about your situation so it will be difficult giving proper advise (if any). As far as Tribunals and appeals go, it depends on where in the UK you are applying from. Usually the South East has more applications so hearing dates are sometimes 6 to 7 months from the date the court receives your appeal request. Wales, is much lower, and you can see 4 or 5 months before a hearing. If the first tier tribunal fails, then you can apply for a request to appeal to the second tier tribunal. The application to the second tier can only be allowed if there is strong evidence of error in law in deciding your appeal by the first tier tribunal. The decisions are sent to you by post within 2 weeks of the hearing.

If the appeal fails, both in the first and second tier..then maybe a judicial review might be an option.

You said, the Home Office has denied you the right to appeal in your message, so how are you going to go through the route of appeal, if you don't have the right to appeal in the first place.

I think it's best you give a more concise detail of your immigration history, so a more sound advise can be proffered by anyone on here. You also have to remember that the advise you get on here should not be substituted for professional advise given by a qualified immigration solicitor or barrister.

thanks Guys, really really do appreciate your advise.

I dont mind being here for years. Thats life, it always sorts itself out. Better than being in prison or an unfortunate circumstance.

I cant give much more details now, as I wanted to know the process and what I would be facing. I would ask a few more questions in the later weeks.

Many many thanks once again

[uchida]

Hi,
What I outlined roughly in my previous message is the process you might go through if you have been given the right to appeal. (If I'm correct) you were not given the right to appeal so the process might not apply to you. You were only given an option to complain to an ombudsman. An Ombudsman's decision is not statutory law, and independent of the courts. If you want my opinion; an appeal is not in the cards in your situation (as someone has previously advised) don't misconstrue a complaint through an ombudsman for an appeal through the immigration tribunal.
If you've been served with a removal notice, then the Home Office will be looking to detain and eventually remove you. An appeal would've bought you more time. But you haven't been given that luxury, by the Home Office. I doubt if anyone can help you with advice here, if you keep giving sketchy information. Good luck with everything.

[Zee ali]

Hi,
What I outlined roughly in my previous message is the process you might go through if you have been given the right to appeal. (If I'm correct) you were not given the right to appeal so the process might not apply to you. You were only given an option to complain to an ombudsman. An Ombudsman's decision is not statutory law, and independent of the courts. If you want my opinion; an appeal is not in the cards in your situation (as someone has previously advised) don't misconstrue a complaint through an ombudsman for an appeal through the immigration tribunal.
If you've been served with a removal notice, then the Home Office will be looking to detain and eventually remove you. An appeal would've bought you more time. But you haven't been given that luxury, by the Home Office. I doubt if anyone can help you with advice here, if you keep giving sketchy information. Good luck with everything.

Agree with Uchida.