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Paul, this is quite unlikely knowing the Home Office law and policies, because there is simply no case in this instance. Algeria is generally considered as a safe country (appeal already been refused and dismissed by AIT so he/she does not qualify), even if there was a potential claim under the Article 8, the poor immigration history and absconding would negate all this - to make the case under the Article 8 the circumstances should be exceptional, which is extremely difficult to make out and impossible with such a poor immigration record.Paulsmith wrote:
2: There is risk that you will be detained and removed from the UK but there is also chances that you might get status in the country through the Case Resolution Exercise. Of course a decision can be made to remove you even if you are considered under this Exercise, but this is the only chance to get leave to remain in this country.
Why does somebody not qualify under the case resolution programme only because his/her claim failed and all appeal rights have been exhausted? Many people in the same situation have been granted ILR through the CRP and if he has to go back to Algeria then why not try to get the case considered under the CRP? he/she will be removed or granted ILR. The chances to get leave to remain are very low but not 0%.Jeff Albright wrote: appeal already been refused and dismissed by AIT so he/she does not qualify
All he could do is to try and see what happens. I could only wish him the best but ultimately, in my opinion, "case resolution" does not apply there, as the case itself has already been resolved resulting in refusal and administrative removal proceedings so the Home Office won't budge (appeal rights exhausted). If the case had been pending and no decision made, then it would have been a different picture altogether.jimquk wrote: The case resolution programme as I understand it is designed to resolve cases by either grant of status or removal; people for whom removal is likely to be difficult or impossible should be considered for grant of status if there aren't other negative factors, like a criminal record.
Called DP5/96, the policy documents are available on the BIA website.Paulsmith wrote:Salimnina, how old are your children? Were they born in the UK? you might can benefit from the 7 year child concession(I don't know much about this concession but somebody else can give you more information).
This is the correct statistics, Paul. However, bearing in mind that the UK is such a popular destination for immigrants, the Government will almost certainly stand firm on the practicality of this operation and will not give in by introducing any amnesties. The only way to handle this in my opinion, would be a regularisation programme, such as "earned regularisation", which would only allow certain categories of irregular migrants to gain legal status. But the author will fall out of this because of his deliberate breaches of the law, i.e. poor immigration history.These people can't be sent back practically because the HO hasn't got the resources to remove the majority of 450.000 people. Jeff, what you think is right theoretically but not practically in my opinion.
Yes, again, it works very well in many other countries. Why should the UK be different?To remove somebody what the caseworker has to do is only issue a ISI151 and his work is complete, but the challenging part is when they need to detain the claimant, arrange flight, arrange travel documents etc.
But this is not impossible. There must be at least one or two ways of locating them. Doctor's records, NHS records, council records."The Home Office will treat a legacy case as closed if they cannot contact the individual, but they will first make what they consider to be reasonable efforts to make contact".
salimnina wrote:my two boys were born here, in what is based the fresh claim? well my grand father was found dead and I was with him then in the political arena, he was detained then...long story...so i think the same people who did that to him, would do it to me, in respect of me relocating, i had lost ties with my country and have barely any news from my own family, all i know that they're ok,in respect of my life in the uk, i studied and got my Bsc in Computing, i work with someone but unnfortunately illegally, not a great job but as a manager in a vehicle hire company, regarding my human right? god knows if they were included in my appeal? i will contact my MP who I know personally ( i don't know if that will help or not) but again in all this, I am lost and do not know what to do, now if BIA will contact me then I still didn't updated them with my new address,last time i heard about the legacy case i sent them a letter asking them to send me the questionnaire to qualify, i did include my new address and i don't know if that is enough, well as you can see, i am in a desperate situation here and there is a lot as stake... it's the million $ question they say