Spouse Visa refused via 2 year route, IS.96 Issue

[fortcharllote]

Please could anyone offer some advice on this matter. Thanks in Advance.

Background

My husband entered the UK on 8th September 2012, with entry clearance as a spouse from the 11th June 2012 until 11th September 2014. He was granted leave to remain as a spouse until 28th October 2016.
As he was eligible to apply for ILR, he decided to attempt take the Life in the UK test. He was unsuccessful at each attempt and we ended up submitting an application for leave to remain 54 days late on the 21st December 2016.
I sent a letter explaining this to the home office, however they refused the application and notified us in a letter dated 22nd March 2017.

Refusal under the 2 year route: Applicant does not meet the requirements of paragraph 284. Your leave expired on the 28th October 2016. You have been in breach of the immigration laws since then.

Decision under the 10 year partner route:

Suitability: It is accepted that you meet the suitability requirements in S-LTR of paragraph R-LTRP.1.1(d)(i)

Eligibility: It is accepted that you meet the eligibility requirements of paragraph R-LTRP.1.1(d)(ii)
EX.1: You have a genuine relationship with your British partner, however the Secretary of State has not seen any evidence that there are insurmountable obstacles in accordance with paragraph EX2 of Appendix FM which means the very significant difficulties which would be faced by you or your partner in continuing your family life together outside of the UK and which could not be overcome or would entail serious hardship for you or your partner. You therefore fail to meet the requirements of EX1(b)…. There are also other reasons outlined why he does not meet the immigration rules under the 10 year Private Life Route, Private life route and finally regarding:

Exceptional Circumstances: Your partner states that your application was late because you were trying to pass the Life in the UK test. However exercising discretion in your favour in this respect would be to treat you in a more favourable manner when compared to others who are either in a similar position and have been refused leave to remain under the Immigration status requirements. There would be nothing preventing your partner from relocating to live with you in your home country, either on a permanent basis, or temporarily whilst you submit an appropriate application for entry clearance to return to the UK.

An IS.96 arrived in the post a day before the decision letter. Box A has been tick to confirm he is a person without leave to remain and who has been served with a notice of liability to removal, there is also another box ticked to say he has been granted temporary admission to the UK subject to the following restrictions, one being on the 2nd of May he should report to Solihull.

To anyone who can offer some advice:
What can be done in this situation. Are there any other options aside from him returning to Jamaica to apply for entry clearance again?
What is to stop the home office from refusing entry clearance on the grounds that he overstayed 54 days?
How is my human rights not being violated by the home office telling me that they see no obstacles or hardships for either of us if we continue our family life together outside of the UK. Will they send my provide me with employment and a house in Jamaica?
Is there a possibility that they will detain him on the 2nd May 2017? I am very worried as I will be in China, and cannot cancel as I would loose my Job.

[Casa]

Yes, there is always the chance that he will be detained on the day of reporting. Does he have legal representation?

[fortcharllote]

Yes, there is always the chance that he will be detained on the day of reporting. Does he have legal representation?

No, he does not, but I gather that we will need to obtain legal counsel on Monday.

[Casa]

It would be wise for your husband to have a solicitor with him.

[fortcharllote]

It would be wise for your husband to have a solicitor with him.

Thanks Casa.

My husband had plans to go to Jamaica in April, I think perhaps we should request the passport back and once he leaves the country we will appeal the decision under Section 6 of the human rights act. I am not sure how long such an appeal would take or whether it would be quicker to apply for Entry Clearance to return..

[Casa]

It would be quicker to apply for entry clearance than it would for an appeal.

[fortcharllote]

It would be quicker to apply for entry clearance than it would for an appeal.

A friend suggested that he apply for Judicial Review on the basis that it is Wednesbury unreasonable that he be asked to leave the UK only to suit an application to return to the UK. Does anyone know if this could be successful?

[CR001]

Sorry, just trying to understand for myself. Why did he not apply for an extension before his visa expired given that he was struggling to pass LIUK??

[Obie]

I find this case quite strange.

If you husband came under the rules in place before 09-07-2012, you got an extension in 2014, why did you not extend it further.

I think they were harsh. Was he not given an appeal right?

[fortcharllote]

Sorry, just trying to understand for myself. Why did he not apply for an extension before his visa expired given that he was struggling to pass LIUK??

Naivety.

[fortcharllote]

I find this case quite strange.

If you husband came under the rules in place before 09-07-2012, you got an extension in 2014, why did you not extend it further.

I think they were harsh. Was he not given an appeal right?

I suppose it was Naivety, we thought a few days wouldn't be a huge problem. But they were harsh. how is it reasonable to ask that he leave the UK to get clearance to come back. There was nothing wrong with the application. we met all the criteria. For them to suggest that they would see no problem in us continuing our family life whilst he is abroad is a big insult to me.