Deportation after interview. Is this legal?

[CatCityGal]

Hi all, my cousin is born in Penang before 1983 and his parents are from Penang as well therefore he is eligible for BOC application. His case is quite complicated tho.

He came to the UK a few years back however he has difficulty in entering. He has some friends in the UK and manage to get him out but with condition that he left his passport at the airport. He is in some financial situation therefore chose to stay without going back to fetch his passport. After a year, he come accross BOC and knew that he in fact is eligible for the application. He went to see a solicitor and was advice to submit an application. The solicitor told him that he will retrieved the passport for him. The application has no results coming back however there was a letter stating that he has been invited for an interview. With further advice, he went for the interview. He never returned home after that interview as some officer stop him at the door and he was deported in two weeks. He can't even go back to pack his stuff. His friends had to do that for him

That is not the worst. When he reach M'sia, he had to go in and out of the M'sia embassy, he can't retrieved his passport for 2 years. That means he can't go anywhere in 2 years. So in a way, the interview felt like a trap. Isn't interview suppose to be a way to gather more information and accessment for decision whether he can stay and not remove by force. If that is the case, people may felt treaten to go for any future interview. Is there anything he can do from M'sia?

[UKBAbble]

In the UK he had no leave to enter and by failing to report back to the airport he became an illegal entrant (absconder) and therefore liable to detention and removal. That's the way it works. he has no case against the UKBA unless they invited him in with a written promise that he would not be detained.

[Mr Rusty]

It's perfectly legal. He didn't acquire any right to stay in the UK by simply failing to report after he was originally granted temporary admission, and whether he surrendered himself or was arrested on the street makes no difference to what happened to him.
With BOC status he would still require "leave to enter", which he won't now get with his record

[berkshire1987]

Yes this is all legal on the UKBA's side. What he did wasn't. His application for BOC will no doubt see hurdles now! He was an illegal entrant and regardless if he is entitled to BOC he still absconded!

[ben_scaro]

Why does he want the BOC ? It is a route to nowhere.

After 4 July 2002 until late 2004, some BOCs got ILR via the discretionary leave to remain rules. I assume that is what he has his hopes set on?

However, that option is dead; Home Office is not processing the claims and seems unlikely to do so again.

Clause 9.1, Ch22 of the Immigration Directorate Instructions says that a (presumably stateless) BOC can only be granted discretionary leave if there are exceptional ‘compelling compassionate circumstances present’ or there is ‘clear evidence of non-returnability’.

Having overstayed, I imagine he would have 0% chance of convincing anyone that there are compassionate circumstances, and evidently he is returnable to Malaysia, since he is now there.

Anything he can do from Malaysia? He might try getting used to living there ?

Ben

[CatCityGal]

Dear everyone,

Truly appreciate the replies. I wish I have discover this website sooner to seek for advice. It's a little late to realize that the solicitors are not entirely reliable. In a way, I do felt that their advice is like a gamble. I mean, if my cousin suffers, they don't really have to bear the consequences. It's not cheap to engage in their service as well. To think that they are the pro in the immigration field. Sigh.

Forfunately, cousin is doing ok in M'sia however his passport will be at the M'sian High Comm for two years before he can retrieve it. He can't even travel out of M'sia even to our neighbouring country S'pore. Poor lad.

Thanks everyone.