REFUSAL TO GRANT ILR NO APPEAL

[vrachier]

Dear All,

I just recieved a refusal for ILR following an application i made on the 14 th Jan this year. Am currently in the UK and have been here since 2004. Got married in 2007 and got a 2 year spouce visa. I did have some driving offences my last one being in 2006 and have not had any criminal convictions from then todate.

My application for ILR was refused under Paragraph 322(5) of HC 395 (as amended)...stating that since i had traffic offences, the Secretary of State deems it right to refuse my application based on my character. Their refusal notice also states that i have NO RIGHT of appeal and that i should make arrangements to depart the UK.

I have a 2 year daughter, a loving wife and i was holding a damn good job.

I dont know what to do and was wondering if

a) anyone knows how i can appeal/try to appeal
b) anyone has heard of similar cases and whether there is any case law that i can refer to
c) anyone knows what steps i can take from now

I have contacted a solicitor but this legal aid red-tape is taking abit of time hence why am doing abit of research whilst i wait.

Your assistance will be great

Thanks

[MPH80]

What were the offences?

[Obie]

The Secretary of State has rights to refuse you leave on grounds of 322(5), however they have to balance the general public interest against your rights under Article 8, which they might not have done in your case.

To ascertain whether your offence meets the Criminality Threshold for refusal, please confirm the following.

1. Did you serve a Prison Sentence for the Driving offence?

2. If you did, was the sentence 12 months or above?

3. Is the offence of the sort, that could be construed as putting public at risk?

In any case they are supposed to give you a right of appeal.

If they insist you are not allowed to appeal, you can file for judicial review of the decision, to the high court

[vrachier]

Thanks for your quick response to my post.

To answer your first question my offence was driving with excess alcohol in 2006 and i was disqualified from driving for 3 years. I was also convicted of driving whilst disqualified in 2006 and given a suspended prison sentence of 20 weeks. In 2005 i was also convicted of driving whilst disqualified and was given a 3 month custodial sentence. (By the way how long to these criminal convictions stay on file}

My letter from the HR also states that following a history of my offences, this is why they have a right to refuse my application.

Does this amount to putting the public at risk and can i still use Article 8?
How do i go about applying for judicial review. I have only been told to make travel arrangements to leave the UK but haven't been given a specific date to leave, however the HO have held on to my passport. So am not clear as to what my current immigration status is.
Also why do u think i wasn't given any right of appeal and how do i go forward with this?

Thanks

[mochyn]

You make a habit of disregarding the laws of the country and you wonder why the Home Office do not want you to stay?
You seem to think you are above the law but now you want the protection of the law.
We have enough villains of our own without importing more!

[mochyn]

Does driving with excess alcohol in your body mean that you are a danger to the public?
I should coco.
How many deaths are caused by people with excess alcohol in the body evey year.
In 2008 430 people died as a result of people driving with excess alcohol in their system.
430 needless deaths.

AND YOU THINK IT IS OK TO DRINK AND DRIVE!

[batleykhan]

You make a habit of disregarding the laws of the country and you wonder why the Home Office do not want you to stay?
You seem to think you are above the law but now you want the protection of the law.
We have enough villains of our own without importing more!

Mochyn

I wouldnt like to think that you would be the judge and jury of my case. I think I know what the result is going to be.....

[mochyn]

You make a habit of disregarding the laws of the country and you wonder why the Home Office do not want you to stay?
You seem to think you are above the law but now you want the protection of the law.
We have enough villains of our own without importing more!

Mochyn

I wouldnt like to think that you would be the judge and jury of my case. I think I know what the result is going to be.....

You don't get a prize for guessing my decision but I would think that if you wish to stay in a country that is not the country of your birth then you have to abide by the laws of that country.
When I lived in Saudi Arabia, I did not wander the streets drunk otherwise I would have been on the next flight home.
You do not bite the hand that feeds you

[vrachier]

Dear All,

I was not asking for people without answers to give me lectures on what's right or wrong. Those of you who doted down Ur comments regarding i think i was above the law..thats ur opinion and you are entitled to it.

If u have answers to the questions i mentioned let me know..will appretiate it. If u dont then keep ur opinions to urself, we all make wrong choices once in our lives and we learn from them.

[vrachier]

And just to inform you my offences were in 2006 and havent been convicted of any driving offence since. We're in 2010. Why would i be granted a 2 yr spouce Vida in 2007 if i was a danger to the public? Am i a danger now?

[mochyn]

Dear All,

I was not asking for people without answers to give me lectures on what's right or wrong. Those of you who doted down Ur comments regarding i think i was above the law..thats ur opinion and you are entitled to it.

If u have answers to the questions i mentioned let me know..will appretiate it. If u dont then keep ur opinions to urself, we all make wrong choices once in our lives and we learn from them.

If you only want answers that you want to hear do not come to a public forum.
Pay a solicitor for answers that you want to hear.
Have you read the terms and conditions of this site?

[Obie]

The Problem you have, is the 2006 conviction, which will not become spent until 2013.

The disqualification and the rest have more or less become spent.

I think, because of the passage of time, since the last conviction, you could argue that you don't pose a threat to the UK general public, and that you are a reformed person, balancing that with the fact you have family who are lawfully resident in the UK, i think there is a strong article 8 Case.

You don't meet the threshold for Deportation under the Criminal Casework department guide, so i don't think you can't be deported. They should have given you the right of appeal as this could potentially be in conflict with article 8 and it is the courts position and not the Secretary of State to decide if the balance has been drawn.

[Rozen]

we all make wrong choices once in our lives and we learn from them.

Except, by your own admission, yours were a bit more than 'once', weren't they? So where's the 'learning' in that?

my offence was driving with excess alcohol in 2006 and i was disqualified from driving for 3 years.
I was also convicted of driving whilst disqualified in 2006 and given a suspended prison sentence of 20 weeks.
In 2005 i was also convicted of driving whilst disqualified and was given a 3 month custodial sentence.

[Obie]

I think this chap has done his crime and paid the consequence. I don't think it is appropriate for one to start dwelling on his past.
The past should be where it belongs.

He is seeking advice on immigration matters and not to be crucified.

I really don't think it is fair for someone to feel they are in hostile territory when they come to seek advice from forum members.

[batleykhan]

I fully agree with Obie.

The OP has come for advice and not a lecturer. I think some of the comments are inapropiate and a bit harsh.

I am sure they are ways of telling people something they dont want to hear in a more suttle way.

Obie has done that, therefore lets call it an end.

[sky_blue]

I fully agree with Obie.

The OP has come for advice and not a lecturer. I think some of the comments are inapropiate and a bit harsh.

I am sure they are ways of telling people something they dont want to hear in a more suttle way.

Obie has done that, therefore lets call it an end.

He asked for immigration advice and was given a lecture on traffic offenses.

The op did not come for traffic lesson or for a court trail.Did he?

He simply comes here for an advice on immigration.

This is a live forum for immigration not for attitude modification or social study.

[batleykhan]

I fully agree with Obie.

The OP has come for advice and not a lecturer. I think some of the comments are inapropiate and a bit harsh.

I am sure they are ways of telling people something they dont want to hear in a more suttle way.

Obie has done that, therefore lets call it an end.

He asked for immigration advice and was given a lecture on traffic offenses.

The op did not come for traffic lesson or for a court trail.Did he?

He simply comes here for an advice on immigration.

This is a live forum for immigration not for attitude modification or social study.

Thankyou SkyBlue. Your comments have been noted. The OP has has been correctly advised by Obie. This is the end of the matter unless the OP wants to ask another question.

[sky_blue]

I fully agree with Obie.

The OP has come for advice and not a lecturer. I think some of the comments are inapropiate and a bit harsh.

I am sure they are ways of telling people something they dont want to hear in a more suttle way.

Obie has done that, therefore lets call it an end.

He asked for immigration advice and was given a lecture on traffic offenses.

The op did not come for traffic lesson or for a court trail.Did he?

He simply comes here for an advice on immigration.

This is a live forum for immigration not for attitude modification or social study.

Thankyou SkyBlue. Your comments have been noted. The OP has has been correctly advised by Obie. This is the end of the matter unless the
OP wants to ask another question.

Thanks Khan.
You are a star.