Help needed Re: imminent deportation *updated plz read

[Nozzlenii]

Hi,

I need serious advice...my sister in law came to the UK on a visitors visa and she applied/claimed asylum in July of this year. This was subsequently denied. In late aug early sept.

She then applied for FLR via the Human rights application(her husband is British)...This was made roughly 3-4 weeks ago.

She always attended her fortnightly sign on's and was compliant in every way possible. she was called to an appointment in Liverpool in Mid October and signed a document which allowed the home office to prepare her travel documents as her previous passport had been burnt.

She went to her fortnightly sign on today and was detained...with 'deporation imminent'

When my husband asked why, he was told that her asylum was refused and she was still in the country. My husband proceeded to explain that she had applied for FLR and was awaiting a decision. He showed proof in the form of a letter which stated that her application had been received (dated Oct 15th). This letter was photocopied and then given back to my husband.

She is currently detained and we are getting increasingly worried...I can not get a hold of her legal representative as the office is closed on a Wednesday and i will have to ring tomorrow morning

Anybody got any advice as to what may possibly happen and what we could do to stop this imminent deportation.

Thank you


Update*

Hi I'm back to get some more advise. My SIL is still in uk and is 7 months pregnant now. (Pregnancy was confirmed whist she was in detention in nov)

Basically her FLR was declined. I would like to know if we should peruse a judicial review or make a fresh claim for asylum. Her solicitor seems to think that once the baby is born the home office will prepare travel docs and send both mother and child (British) back I.e deport them

All responses appreciated

[MPH80]

Simple question - why didn't she simply apply for a spouse visa before entering the UK?

[Nozzlenii]

Simple question - why didn't she simply apply for a spouse visa before entering the UK?

shes only been married for 4ish months....she got married in the UK after she arrived.

She was engaged to be married to her first cousin via an 'arranged marriage'... but she refused once she came to visit my husband who is her brother. she was not happy and was being forced to marry him.

Anyway long story short she got married to a guy she met in the Uk whilst here and was threatened that on her return to India she would be killed.

so she applied for asylum and it was refused and then she put in an human rights application

[peppekalle]

She needs to get legal help as soon as possible.Has she been issued with removal instructions and or tickets?

She will be given 72 hours notice before her removal.Try and get her legal help as soon as possible.

[Nozzlenii]

She needs to get legal help as soon as possible.Has she been issued with removal instructions and or tickets?
72 hours notice before her removal.Try and get her legal help as soon as possible.

Shes not been given removal instructions as of yet, shes been given a paper to say she has been detained and a box is ticked that stated 'removal is imminent' along with her rights to bail

no tickets or flight info issued yet....im waiting for 9am so i can ring her legal advisor....fingers crossed for today

[Nozzlenii]

since my last post my SIL was granted bail and then re-detained with 2 weeks

Her legal representatives have let her down big time (they rang on Friday and said they could not represent her on Monday for a bail hearing...due to lack of funds)

Thus only giving us the weekend to find alternative legal advice.

Is there any one on here i got inbox directly who may be able to offer me some advice?

I would really appreciated it

[Obie]

She needs to make an urgent Judicial review application.

She has made a fresh claim Human right application. Except it is certified as clearly unfounded, she should not be removed without a right of appeal in country.

Her application will have to be assessed, failure to do so is illegal, and will make a strong Judicial Review Claim.

[Nozzlenii]

She needs to make an urgent Judicial review application.

She has made a fresh claim Human right application. Except it is certified as clearly unfounded, she should not be removed without a right of appeal in country.

Her application will have to be assessed, failure to do so is illegal, and will make a strong Judicial Review Claim.

thanks for the reply. she did make a human rights application which has been refused with no in country right of appeal...she then provided further submissions based on a change in circumstances as she is now pregnant with the child of her husband who is a British national. this was also refused whilst she was in detention.

[peppekalle]

I suggest follow Obies advice.She is entitled to legal aid as she is being detained.

Why was she detained soon after being released?

[Greenie]

Being detained does not automatically qualify a person for legal aid. Her financial circumstances (including her husbands income/savings etc) would need to be considered.

Perhaps she has been redetained because the outstanding representations have been refused and they are now in a position to remove her?

Op she urgently needs to seek legal advice. There will be an advice surgery at here detention centre she can attend. Do you know if she is entitled to legal aid
?

[peppekalle]

Being detained does not automatically qualify a person for legal aid. Her financial circumstances (including her husbands income/savings etc) would need to be considered.

Perhaps she has been redetained because the outstanding representations have been refused and they are now in a position to remove her?

Op she urgently needs to seek legal advice. There will be an advice surgery at here detention centre she can attend. Do you know if she is entitled to legal aid
?

I regret for the misinformation i should have indicated they will assess your savings as well before you are granted legal aid.

From personal experience the list for the immigration advice is always full and you have to be book it days in advance.

Before any removal she will be given 72 hours notice and details of her flight.

[Obie]

I agree. The waiting list is huge, only limited firms have permission to do legal aid work.

This is clearly wrong. To detain a pregnant woman and violate her right is an appauling way to behave.

I will suggest urgent JR is filled before they issue removal directions and her health deteriorates.

If she had been with a legal aid firm before detention, that would have been great.

It is sad that people in detention who are in dire need of help has less access to legal aid than people out.

Get a solicitor or go for a public access barrister and act quickly.

I feel physically sick to hear this.

[Nozzlenii]

Thanks guys

i would like to add she is/has been entitled to legal aid. But for some bizarre reason her legal representatives from a law centre have decided the a JD will not be covered by legal aid. To be really honest her legal rep was really evasive and did not give a reasonable reason as to why they couldn't help her. She always seemed confident in regard to applying for a judicial review and its chances of success. Then on Friday she rang and dropped us like a 'hot potatoe'.

Also she has tried to seek advice from duty solicitors at her detention centre and the list is huge. there are people who have been waiting weeks and still have not been able to speak to the duty solicitor.

[Nozzlenii]

Update*

Hi I'm back to get some more advise. My SIL is still in uk and is 7 months pregnant now. (Pregnancy was confirmed whist she was in detention in nov)

Basically her FLR was declined. I would like to know if we should peruse a judicial review or make a fresh claim for asylum. Her solicitor seems to think that once the baby is born the home office will prepare travel docs and send both mother and child (British) back I.e deport them

All responses appreciated

[Obie]

I can only say, the solicitor does not seem to know what he is talking about.

[Nozzlenii]

I can only say, the solicitor does not seem to know what he is talking about.

Thanks. I've a gut feeling he is actually unsure of what he should do. Every time I mention a judicial review he says " we'll if that's what you want to do then I can apply for it, BUT its highly unlike it will be granted" and when I ask him why? He says well if the courts grated people leave to remain for people with British babies then everyone would just get pregnant

I asked if we could put in a fresh claim for asylum as there is a change from the initial application for asylum (the unborn child) but he says no that's not a good idea. Q

[Nozzlenii]

Anyone got any general advise on how to proceed and there chances of success?

[Obie]

Judicial review may well be the next step, especially if the UK refuses to accept the birth of the British as amounting to a fresh claim.

The problem i percieve is the difficulty in obtaining a residence permit. It is very different from a removal. In the circumstance of your case, i cannot envisage a removal . In those circumstances, a right of appeal will be confered, and i have every belief that it will succeed.