Refusal of LTR on criminality (suitability reasons).

[cameron1]

I have been refused leave to remain (LTR) on basis of family life in the uk because i have alleged fallen for refusal under section S-LTR: Suitability leave to remain.

I have a conviction for perverting course of justice/common assault in 2009, and another common assault offense in 2011. I was fined and order to complete community service on both occasions without prison/custodial sentences. I completed the community service,drink therapy sessions (they were all alcohol-related) and paid the fines.

In the exact wording of the caseworker 'to qualify under appendix FM, you must meet all of the suitability criteria, due to your persistent offending and the nature of your offenses you fall for refusal under S-LTRP 1.5 of the immigration law'. The caseworker admits that i have genuine and subsisting parental relationship with my son and family, but he based his refusal solely on the suitability criteria of the new immigration law. Paragraph 322(1C) - I assume, because he citied the fact that it is a mandatory requirement

I was not given an appeal right

Also the caseworker mentioned the following grounds for refusal;

Paragraph D-LTRP 1.3 with reference to paragraph R-LTRP1.1(D)
Paragraph D-LTRPT 1.3 with reference to paragraph R-LTRPT1.1(D)
Paragraph 276 CE with reference to paragraph 276ADE (iii)-(vi) of HC 395 (as amended).

I need help to decide maybe i should go for JR-judicial review (because a solicitor reckon my offenses were not grievous to outweigh my right to family life) , or return to my country to apply!!! .. If i return to my country to apply, the same rule applies. If you have offended you might not be allowed back in, even though you weren't sent to prison S-EC 2.5 (b)(ii) and 320 (18B)(b).

PLEASE HELP, I NEED GOOD ADVICE

[Amber]

A non custodial conviction is a general grounds (mandatory) for refusal for 24 months, when in 2011 were you convicted? I believe 322(1C) mandatory refusals should be restricted in use to ILR applications. If you're applying for limited leave to remain then the caseworker should have given adequate consideration to the statutory duty to children, under section 55 of the Borders, Citizenship and Immigration Act 2009. I think your solicitor should proceed to reconsideration/PAP.

[cameron1]

To be honest, it will certainly be within the 24months before my application.

I applied in June 2012, just before the new rule. I was convicted of common assault in Nov 2011.

I only got response from the home office this week, September 2013 ...

Does that count?

Whats the way forward??

[Amber]

Prior to December 2012 the rules were different. Were you applying for flr(o) or flr(m)? The fact there are two counts for assault doesn't help.

[cameron1]

FLR (M) .... Discretionary leave to remain as spouse of a British citizen.

[Amber]

FLR(O) is for DLR. Was this your first application for Article 8 leave or an extension?

[cameron1]

It is my first application on the article 8 (family and private life route) ... I was on Tier 4 student in the past.

[Amber]

Perhaps a reconsideration request - child's best interest, your convictions were non-custodial, it has been x number of months since your last conviction and that 322(1C) should only be a mandatory refusal for ILR cases.

[cameron1]

Reconsideration is what im thinking about too .. I am not totally happy with the service of my current representative. Can you recommend anyone please?

[Amber]

See Any good law firm recommendation? (click)

[Obie]

Difficult to see a justification for that refusal when your application seem to pre date the rule change. Utterly rubbish.