OVERSTAYER GROUNDS OF APPEAL

[nyetmo]

Hello,

Can anyone please help me - I am currently filling in an appeal form to sent to high court.

I don't know what grounds to apply - anyone? anybody?

Grounds to argue paragraph 320(11) which are normally should be refused.

Urgent!

Thanks

[OL7MAX]

If you provide a bit more about your circumstances people would be in a better position to offer advice. When asking for help please take the time and trouble to explain what you want help with.

[nyetmo]

hello,

Sorry!

Anyway I overstayed in UK and got back to Malaysia last year February 2006.

I got got a work permit in August/September 2006 and applied to Brit Embassy for entry clearance but was refused based on paragraph 320(11).

Appeal to AIT but was refused on the same reason. Now I need to appeal to the high court for decision reconsideration.

I must write my grounds of appeal - is it human rights?

And what else? My permit was for 18 months.

So what ground should I use? and how to argue it?

Thanks

[Jeff Albright]

I got got a work permit in August/September 2006 and applied to Brit Embassy for entry clearance but was refused based on paragraph 320(11).

It appears that you could not have only been refused on the virtue of that paragraph. As I remember you post, you have mainly been refused on the basis that the ECO was not satisfied that you would keep your employment and that your would not seek additional employment other than that in your work permit. Correct me if I am wrong, as I do not have time to sift through your previous posts.
You should have provided explanatory statement with your application explaining the reasons for overstaying.

Grounds of your appeal - why basing on the legal principles, the Home Office was wrong in their decision. Have you put this before the AIT? If you post your appeal here then we will read through it and see what might be worth arguing. Have you been already granted permission to appeal to the High Court?

[nyetmo]

Yes that is correct but apparently the court has excused the 1 in paragraph 128 - reading from the last paragraph below. Corret me if I am wrong!

I quote what the AIT tribunal says on the last paragraph ok:

'The appellant sourced the post with .... by browsing the website of Reed Co on line. Appelant emailed a CV to the recruiters and an interview with employer was conducted over the telephone. Appellant acknowleded that appellant was illegally in the uk from .... I am satisfied that the appellant has failed to observe the time limit or conditions attached to any grant of leave to enter or remain in the UK and this is the ground, specified in paragrapgh 320(11) of HC 395 as amended, on which entry clearance or leave to enter the UK should normally be refused.'


Let me say this again I am now give a form to appeal to the high court asking for reconsideration.

On what ground should I argue on please anybody?

Thanks

[nyetmo]

Another thing - the AIT tribunal use the word 'illegally' which I was not.

I was an 'overstayer' - so can I correct the term? I thought maybe I should give definition on bth words to differentiate the meaning.

Do you think its a good idea? I should isn't - What do I have to loose.

[Jeff Albright]

Ok. Have you acknowledged that you were knowingly unlawful resident in the UK? If you have, you have simply confirmed to the court that you have broken the law.
What do you expect them to say after that? Excuse you? The law does not give them jurisdiction to do so.

Then you say that you were not "illegal". Is there a contradiction?

[Jeff Albright]

Another thing - the AIT tribunal use the word 'illegally' which I was not.
I was an 'overstayer' - so can I correct the term?

Overstayer = illegal resident, don't you know that?
It does not look as if you can really prove otherwise.
By the way, the Rule 320(11) can be exercised at ECO's discretion. They can waive it, if they think that other issues overweigh and and can potentially drive a decision in your favour.

[nyetmo]

Thanks Jeff,

Do you think you could supply me with a short paragraph how I could ask them to waive or use their discretion on 320(11)?

I am not asking them to excuse me but I am asking them to see my positive qualities, skills I have to offer to the UK economy. I have no criminal records and my only crime I overstayed which I have acknowledged and experience that I never intend to repeat.

Could you be so kind to draft or give me some points?

Currently my drafts are as below:

- Grounds of appeal
- Situation ( summary reasons for overstaying)
-Actions ( I came vack to Malaysia and stupidly declare on my application)
-Result ( My honest declaration today implicates me further)
-Today ( I have a UK WP & fresh start legally in UK)
-Strenghts & Skills ( What I can offer UK)
- Employment History ( Will vouch for skills)
- Objective ( Not sure yet what to say here)
-Life in the UK & Relationship ( My current relationship with UK resident is interupted due to this)
-Why I should be given the entry clearance ( Pls help me with this one)

So what do you think?

Thanks