Asylum application: consideration time

[dimitry]

My friend is claiming asylum here and has been here for almost 4 years. Will she be liable for deportation after 5 years in this role?

Thank you

[Chess]

What is the current immigration status of your friend? Awaiting decision, granted assylum, appealing or refused assylum?

[dimitry]

Thanks.

She is in a very complex situation. I met her in a post office looking desporate. We should help each other.

She applied almost 4 years ago. Still awating decision. However, she changed the address in mean time and apparently, refusal has been sent to the previous address last november. She didnt have any idea about that. Some weeks ago a self-check in deportation order came in and she got frustrated.

She contacted her solicitor and HO acknowledged their mistake, as they were informed about the change of address. The main point of her was that HO got her nationality wrong and thus, sendiong her to a wrong country (they were sending her to Russian whereas she is from one of CIS countries).

After that HO sent a fax, cancelling a deportation order and promising to contact them in due course.

Does that mean she is still awaiting decision? And does that make any difference?

Many thanx

[Chess]

Dimitry,

Very comlex indeed - I will leave this topic to my fellow moderator Kayalami who may be able to advise when s/he gets spare time..


Obviously you have taken the best case of action by involving lawyers who should know more details why the application was refused and if there were any appeal rights

...Kayalami...over to you......

[Kayalami]

After that HO sent a fax, cancelling a deportation order and promising to contact them in due course.

This is too complex for the board and thus difficult to point a way forward without knowing all the circumstances of her case including the relevant nationality and seeing the Home Office deportation paperwork as a minimum - I am getting two conflicting messages here:

1. HO notified of change of address but failed to record it hence deportation revoked - is there evidence of her sending this info?

2. HO deporting her to Russia although she claims to be from another CIS state - i.e. deportation in order (contrary to 1) but destination country an issue?

Does that mean she is still awaiting decision? And does that make any difference?

I can't tell as per my comment above - however it seems they have decided she does not qualify for asylum. The destination country is only an issue if she is likely to face torture. There should be an appeal process so she can stay in the UK till that is resolved - this is subject to the relevant Immigration Act at the time of decision making or even the current one.

Out of interest is this a Chechnya case?

[Jeff Albright]

Some weeks ago a self-check in deportation order came in and she got frustrated.

Don't confuse deportation order and removal order. Makes a lot of difference. Which one was sent? I guess should have been a removal order.

She contacted her solicitor and HO acknowledged their mistake, as they were informed about the change of address. The main point of her was that HO got her nationality wrong and thus, sendiong her to a wrong country (they were sending her to Russian whereas she is from one of CIS countries).

Those are disorganised idiots. These things happen to people every so often. If they have sent her to a wrong country how come she is still here?!

After that HO sent a fax, cancelling a deportation order and promising to contact them in due course.
Does that mean she is still awaiting decision?

Your second question answers the first. Again - deportation or removal, for heaven's sake?

And does that make any difference?

No it doesn't. The only difference is - her removal got delayed. Once they put all papers in order, they will supply the right paperwork and expect her to leave. If there are no reasonable grounds to appeal - it is better leave and reapply from abroad under different category, if there still a strong desire to come back.
Once they already know her whereabouts - no point of messing around by trying to hide - will be found anyway. The best, for her own sake, is to leave.

[Chess]

The best, for her own sake, is to leave

That is abit hursh as you dont know the nitty gritty of the case..let the law and case take its course and try to encourage the individual who is in a very vulnerable and frustrating situation

[dimitry]

Hi

She got the removal order, thats right. Then obvious question - she doesn't have refusal on hand and that bunch is trying to ship her away.

She is from Belarus and she is on Religious persecution case. She is not hiding, at least she doesnt look like a hardcore criminal,like those who usually get asylum in this country (did I make my point?:)

Secondly, she sought asylum before the new Immigration act of 2003, is she still entitled to 2 appeals under the previous rules? The new law always refer, IMhO, to the new claimants?

thnax

[Chess]

She is not hiding, at least she doesnt look like a hardcore criminal,like those who usually get asylum in this country (did I make my point?:)

Have you got evidence that those who get assylum are hardcore criminals?

[dimitry]

Good point, however, quarter of this country reads the Daily Mail

D

[dimitry]

Any ideas ' bout appeal plz?

[dimitry]

did anybody got oofended?

[Kayalami]

dimitry,

She is from Belarus and she is on Religious persecution case. She is not hiding, at least she doesnt look like a hardcore criminal,like those who usually get asylum in this country (did I make my point?

I see where the confusion for the HO with Belarus and Russia comes from - easy to blame asylum seekers for all sorts of things ranging from lack of jobs, poor transportation, increased crime rate, run down/dirty streets, chronic housing shortgaes especially in the south east and a lack of quality care including staff shortages in the NHS - these things were with us well before the asylum seekers issue became politicised....still it sells a few more thousand copies of the relevant tabloid and is easy political capital for our caring politicians.

Secondly, she sought asylum before the new Immigration act of 2003, is she still entitled to 2 appeals under the previous rules? The new law always refer, IMhO, to the new claimants?

Law in question is the one at the time of decision making. It is not only the right to appeal in question but also the grounds for such - a baseless appeal will get quashed and a baseless tribunal counter appeal or judicial review will never see the light of day.

Again a conclusive answer is only feasible where all the facts are at hand - what does her lawyer have to say in regards to an appeal?

[Jeff Albright]

The best, for her own sake, is to leave

That is abit hursh as you dont know the nitty gritty of the case..let the law and case take its course and try to encourage the individual who is in a very vulnerable and frustrating situation

Agree but this statement reflects the tactics used by Immigration Service. "Simply get the hell out" regardless of what is currently on your case. So the advise was - be prepared for the worst... in fact what I wish personally is just luck and she will need that.

[Chess]

Jeff,

Just put yourself in her situation (do you fancy swapping places) - and then possibly you will have a different attitude.

Any how the choice hers and lets hope things work out for the better.

BTW - I dont work for the 'Immigration Service' - I try to help based on my personal experience and that of friends

[Chess]

"Simply get the hell out" regardless of what is currently on your case. So the advise was - be prepared for the worst... in fact what I wish personally is just luck and she will need that.

Jeff,

If you had also been told to get the Hell out of here - it would not be nice. Good luck with your case and studies

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