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FLR (FP) Refused and Detained

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eric1985
Newly Registered
Posts: 14
Joined: Tue Aug 12, 2014 3:15 pm
Pakistan

FLR (FP) Refused and Detained

Post by eric1985 » Tue Aug 12, 2014 3:42 pm

Hi
I have a complicated case and I doubt anyone's case would match mine but if anyone can give advice, I would really appreciate.

A bit of history

08-2008 : Came to UK on a student visa.
09-2009 : Detained at Manchester Airport because they weren't satisfied I was a geniune student, got released same day.
05-2010 : Got married to a british national.
2011 : Marriage got annuled (never applied for a spouse visa)
10-2011 : Student visa expired, applied for a new visa (article 8, right to private life). It was refused, given right of appeal.
03-2012 : Entered a new relationship with a British National
05-2012 : Appleal refused and rights exhausted
May-August, 2012 : I was an overstayer, HO came to pick me up from my house, wasn't there. They called me on my mobile later that day and asked me to come to one of their reporting centres for a chat. They promised me they won't detain me.
08-2012 : Voluntarily went to their reporting centre with my girlfriend (after submitting a fresh FLR (M).
04-2013: Recieved a letter for biometrics
08-2013: FLR (M) refused with no right of appeal.
08-2013: Sent a letter for reconsideration
02-2014: Got a one stop warning letter, filled it and sent it back.
05-2014: Case refused on the 2nd of May, didn't notify my solicitor and I was detained on 23rd with the refusal letter.
06-2014: First bail hearing refused (Unfair judge)
06-2014: 2nd bail hearing was successful (My 2 brothers and partner as assurity). Got released on 23rd of June.
06-2014: Applied for FLR (FP) before was I granted bail with a fee waiver which home office accepted
06-2014: Returned FLR(FP) because of non-payment
07-2014: Applied for FLR(FP) with the payment.
07-2014: Refused FLR(FP) in 4 days with 2 refusals, 1. I didn't send my partner's passport (I did with the 1st application), 2nd I didn't provide evidence of our 2 years relationship. (I provided bank statements, TV license, cable bills, phone bills, magzine subscriptions, amazon orders, pictures from 07-2012 to 07-2014)
07-2014. Submitted a letter of reconsideration, submitting all the documents again.
30-07-2014 : Detained again at the reporting centre because they said i didn't have a case pending nor they receieved my letter of reconsideration. Same day they gave me one stop warning (asked me to submit further documents by 6th, August) again saying they receieved it. I was held at Manchester Penine house detention centre becasue they didn't know what immigration wants to do with me.
31-07-2014: Was served with removal directions for 6th August, flight from Heathrow
01-08-2014: Moved to Harmondsworth ICE
05-08-2014: Solicitor submitted Asylum case.
05-08-2014: case refused because they related it to the appeal back in 05-2012 and with the judge's judgement, they refused it on those basis. In my appeal in 05-2012, i said i married here in england and i was supposed to get married to girl from back home, because i didn't go through with it, my family has disowned me and they girl's family want to kill me. Keeping in mind, i never claimed asylum, it was just arguement which my barrister presetended with my article 8 arguement.
06-08-2014: Again the refusal letter wasn't sent to my solictor and it was served to me when they took me to the airport. I refused to go to the flight and returned back to the detention centre.
08-08-2014: New removal directions set in place for 16th Sep on a chartered flight back home.

Any advice please?

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

Re: FLR (FP) Refused and Detained

Post by Obie » Tue Aug 12, 2014 3:49 pm

Long and protracted immigration history.

Why did they refuse the FLR (FP) application?

Does you wife have any reason why she cannot return with you to your home country?

Is there are child in your relationship?
Smooth seas do not make skilful sailors

eric1985
Newly Registered
Posts: 14
Joined: Tue Aug 12, 2014 3:15 pm
Pakistan

Re: FLR (FP) Refused and Detained

Post by eric1985 » Tue Aug 12, 2014 4:02 pm

No I do not have any children as yet.

She cannot return with me because the first time round I got married I got death threats from the girl's family with whom I was supposed to get married back home. I would be in danger if I return back home and so will she probably more than me as we are not from the same ethnic background.

Also since I have been disowned, I have no one to return to, the only family I have now is my partner, my two brothers who are here with me. Also I have a house here in England.

The refusal letter said;

1. I didn't submit my partner's original passport
2. The only evidence I gave them of our cohabiting is a polling card of May,2014. Where as I gave them bank statements, credit card statements, NHS letters, TV License, Virgin Media cable bills, mobile phone bills, home phone bills.

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

Re: FLR (FP) Refused and Detained

Post by Wanderer » Tue Aug 12, 2014 4:06 pm

End of the road I think....
An chéad stad eile Stáisiún Uí Chonghaile....

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

Re: FLR (FP) Refused and Detained

Post by Obie » Tue Aug 12, 2014 5:42 pm

eric1985 wrote:No I do not have any children as yet.

She cannot return with me because the first time round I got married I got death threats from the girl's family with whom I was supposed to get married back home. I would be in danger if I return back home and so will she probably more than me as we are not from the same ethnic background.

Also since I have been disowned, I have no one to return to, the only family I have now is my partner, my two brothers who are here with me. Also I have a house here in England.

The refusal letter said;

1. I didn't submit my partner's original passport
2. The only evidence I gave them of our cohabiting is a polling card of May,2014. Where as I gave them bank statements, credit card statements, NHS letters, TV License, Virgin Media cable bills, mobile phone bills, home phone bills.
Well you can apply for an injunction, that is the only thing that can stop the flight
Smooth seas do not make skilful sailors

eric1985
Newly Registered
Posts: 14
Joined: Tue Aug 12, 2014 3:15 pm
Pakistan

Re: FLR (FP) Refused and Detained

Post by eric1985 » Tue Aug 12, 2014 8:30 pm

Well I am going with Judicial Review, I was wondering if any of you know or think there are any grounds for a JR. Also if my partner contacts the MP, would it help?

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

Re: FLR (FP) Refused and Detained

Post by Obie » Wed Aug 13, 2014 12:25 am

If the refusal is flawed or defective, alleging you did not provide material documentation which you did, then that is an error which was material to their decision, and it should be quashed.
Smooth seas do not make skilful sailors

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