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Family asylum application

General UK immigration & work permits; don't post job search or family related topics!

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shami
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Posts: 9
Joined: Fri Jun 06, 2008 3:29 am

Family asylum application

Post by shami » Tue Jun 24, 2008 7:12 pm

We applied for asylum 3 weeks ago, as a family from India.
Before that we were overstaying our visit visa for three years .
My two children go to private school.
How long will take for the Home Offcie to makie a decision and if
If my application will be refused - what's the chance of appeal?

Thanks for your help and advice

vinny
Moderator
Posts: 33283
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jun 25, 2008 12:08 am

Process overview wrote:The case owner aims to conclude your application within six months.
See also Outcomes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: Family asylum application

Post by sakura » Wed Jun 25, 2008 11:18 am

shami wrote:We applied for asylum 3 weeks ago, as a family from India.
Before that we were overstaying our visit visa for three years .
My two children go to private school.
How long will take for the Home Offcie to makie a decision and if
If my application will be refused - what's the chance of appeal?

Thanks for your help and advice
What are the reasons for the asylum application?

Did you apply for asylum before/after BIA were aware of your overstay?

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Jun 25, 2008 2:15 pm

Asylum applications from Indian nationals may be fast-tracked. If refused, the only right of appeal is after removal from the UK.

I hope the OP took advice from a reputable legal advisor before making this application.

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

Post by Wanderer » Wed Jun 25, 2008 3:26 pm

Mr Rusty wrote:Asylum applications from Indian nationals may be fast-tracked. If refused, the only right of appeal is after removal from the UK.

I hope the OP took advice from a reputable legal advisor before making this application.
Not wishing to be contentious but for my own information what's a valid reason for asylum from India?
An chéad stad eile Stáisiún Uí Chonghaile....

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Jun 25, 2008 4:18 pm

Wanderer wrote:
Mr Rusty wrote:Asylum applications from Indian nationals may be fast-tracked. If refused, the only right of appeal is after removal from the UK.

I hope the OP took advice from a reputable legal advisor before making this application.
Not wishing to be contentious but for my own information what's a valid reason for asylum from India?
I don't know. There are a number of countries, including India, which are generally regarded as being unlikely to give cause to their citizens to have a valid reason for qualifying for asylum under the relevant conventions. Claims from anyone from those countries still have to be considered on their merits, but if refused, their appeal rights are severely curtailed.
Applicants may feel that there is some good reason why they can't go back to their own country, but a good legal advisor should be able to give them an honest assessment of whether they qualify for asylum and of their appeal rights.

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
European Union

Post by Frontier Mole » Thu Jul 03, 2008 9:40 pm

Confused - one minute it is 11 years student overstay and then it is three year visitor overstay. If you can't keep to your story on the forum God help you when get your asylum interview. Remember if you employ deception the negatives that come with it will ensure you can not return to the UK in the next ten years.

As for a successful Indian asylum claim - nil or next to nil chance of sucess! The very reason you have no right of in country appeal is because India is considered a safe, democratic, multicultural, sensible country with a well established human rights & judicial record.

My advice - book the flights and go home ASAP. At least that way you can return to the UK at some point soon. If you and your family get returned by UKBA you will face a 10 year ban on coming back to the UK.

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