FLR(O) Discretionary Leave waiting times ..??

[Shondra Sharma]

Human rights for overstayers

One group looks set to benefit from the changes: overstayers. At the moment the arcane sophistry of the immigration notices that trigger appeal rights mean that overstayers who apply to remain on the basis of residence and family in the UK often have no right of appeal. They are left in limbo. In future, though, as long as they have made a human rights claim if they are refused that will trigger an instant human rights appeal. So long Daley-Murdock, and thanks for nothing.

Foreign criminals

Foreign criminals will also retain appeal rights as they always rely on human rights arguments to resist removal anyway. However, it is proposed that some will only be able to exercise appeal rights from abroad.

As with the existing ‘clearly unfounded certificate’ system for asylum claims the Home Office considers to be poor, such certificates can be challenged by applications for judicial review.

There will no doubt be many such challenges where the meaning of “a real risk of serious irreversible harm” is hammered out in the courts and, probably, pursued to Strasbourg. See the useful UK Human Rights Blog piece on this, Deport first, appeal second.

What does the future look like?

The twin bogeymen of judicial reviews and human rights claims will actually go forth and multiply: they will be the only avenues of redress for desperate people. Remedies will be more expensive to both individuals and government. Simple and cheap fact based appeals will be curtailed. A few businessmen, skilled workers and students who currently have appeals will not in future. Overstayers and foreign criminals will have, in some ways, improved appeal rights and ways of resisting removal.

The whole purpose of the tribunal system was supposed to be to provide cheap, efficient and effective justice in the field of administrative decision making. The complexity of immigration law combined with the volume of work generated by deep rooted organisational dysfunction at the Home Office has rendered those aims almost unattainable.

This Immigration Bill seeks to address the symptoms without treating the underlying illness. By doing so, it will compound the problems

[ThisYear]

Usual gibberish. ...I mistakenly posted a new topic.

Off to the court! !!!

[verbina]

Usual gibberish. ...I mistakenly posted a new topic.

Off to the court! !!!

S*it babe!! Im so sorry!! Just read your post in your separate topic
So they refused you because you re still in relationship with the father of your BC. Oh God, they keep on doing that!! Are you planning JR?

[ThisYear]

Yes I will Verbina, will see my counsel on Monday and take it from there.

To be honest, I was prepared for that looking at all the recent decisions. No wonder the society is warped! Imagine promoting dysfunctional families!

Usual gibberish. ...I mistakenly posted a new topic.

Off to the court! !!!

S*it babe!! Im so sorry!! Just read your post in your separate topic
So they refused you because you re still in relationship with the father of your BC. Oh God, they keep on doing that!! Are you planning JR?

[olapoint101]

Usual gibberish. ...I mistakenly posted a new topic.

Off to the court! !!!

Sorry for the bad news mate..you are not failure,can you please share your story.

Stay strong

[verbina]

Yes I will Verbina, will see my counsel on Monday and take it from there.

To be honest, I was prepared for that looking at all the recent decisions. No wonder the society is warped! Imagine promoting dysfunctional families!

Usual gibberish. ...I mistakenly posted a new topic.

Off to the court! !!!

S*it babe!! Im so sorry!! Just read your post in your separate topic
So they refused you because you re still in relationship with the father of your BC. Oh God, they keep on doing that!! Are you planning JR?

Yeah I know.... lately its been just scary with people with British children being refused like this. Lets wait to hear what your solicitor says, but probably the same stuff-JR ... long and expensive (
Well keep your head up for now princess its not over till the fat lady sings!!

[ale001]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

[verbina]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

[ale001]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

Ok, thanks...

But, what is exactly meaning of pre-action protocol (PAP)? What is the effect and advantage? How does it work and any benefit to it?
What is the disadvantage as well?

Thanks

[verbina]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

Ok, thanks...

But, what is exactly meaning of pre-action protocol (PAP)? What is the effect and advantage? How does it work and any benefit to it?
What is the disadvantage as well?

Thanks

From what I understand, it does exactly what it says on the tin: Pre Action Protocol tells HO exactly what action you re going to take if they dont respond to you within a reasonable period of time.
So usually one threatens a JR in a PAP letter. I may not be hundred percent right on this , lets see what the rest of the crew says.

[hatchsead]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

Ok, thanks...

But, what is exactly meaning of pre-action protocol (PAP)? What is the effect and advantage? How does it work and any benefit to it?
What is the disadvantage as well?

Thanks

Have a read through the link below

http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC[/quote]

[hatchsead]

Another month going now

My application is now 1 year and 7 month counting and no decision yet



Is it a good decision to ask my solicitor to send pre-action protocol (PAP) ?

Can i send PAP while my application is still in the UKBA for over 1 year and 7 months counting now?

Thanks

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

Ok, thanks...

But, what is exactly meaning of pre-action protocol (PAP)? What is the effect and advantage? How does it work and any benefit to it?
What is the disadvantage as well?

Thanks

From what I understand, it does exactly what it says on the tin: Pre Action Protocol tells HO exactly what action you re going to take if they dont respond to you within a reasonable period of time.
So usually one threatens a JR in a PAP letter. I may not be hundred percent right on this , lets see what the rest of the crew says.

Verbina, your explanation is spot on!

[verbina]

Yes, as far as I know. In fact @Rina's solicitor advised her to send a PAP letter as she had been waiting as long as you have.

Ok, thanks...

But, what is exactly meaning of pre-action protocol (PAP)? What is the effect and advantage? How does it work and any benefit to it?
What is the disadvantage as well?

Thanks

From what I understand, it does exactly what it says on the tin: Pre Action Protocol tells HO exactly what action you re going to take if they dont respond to you within a reasonable period of time.
So usually one threatens a JR in a PAP letter. I may not be hundred percent right on this , lets see what the rest of the crew says.

Verbina, your explanation is spot on!

Heehee I learn from the best on here innit!

[Keisha]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

[Keisha]

@Miss V...how are you chika??

@Hatchseed...how's the going so far?

I pray that delivers us from the Horrible Office *thanks Call of Duty...lol* and we receive our visas in Jesus name.Let's keep soldiering on...*punchesfistintheair*

[verbina]

@Miss V...how are you chika??

@Hatchseed...how's the going so far?

I pray that delivers us from the Horrible Office *thanks Call of Duty...lol* and we receive our visas in Jesus name.Let's keep soldiering on...*punchesfistintheair*

Im all good @Keisha love! Apparently HO got in touch with my social worker last week, but she couldnt respond yet as she was too busy. Grrrr!! Last thing I need is social services dragging their bloody heels now!! Well, at least HO are finally making enquiries!

How about you doll? Any news down your end

[hatchsead]

@Miss V...how are you chika??

@Hatchseed...how's the going so far?

I pray that delivers us from the Horrible Office *thanks Call of Duty...lol* and we receive our visas in Jesus name.Let's keep soldiering on...*punchesfistintheair*

I suppose am good Keisha, thanks for asking. I am still waiting for HO to get back, i have now started the 14th month wait.
I hope you are doing great yourself despite all these challenges?
It is well!

[ale001]

PLEASE READ

I would appreciate anyone who can PM me a drafted pre-action protocol (PAP), am forwarding it to my solicitor, my head is really hitting the wall as i'm so confused what to write.. I've been waiting 1 year 7 month now still counting.... My MP is not responding. I've contacted UKBA times without number but they refused to respond.

I contacted Theresa May, and she replied my mail,

In Theresa May email reply on July 5th, 2013 at 12:50 PM, she apologized for the delay in considering my application and she assured me in her reply that my application is now under active consideration. She also stated that she can also assure me that all my documentation and representations, including those made In my emails to her and Mr Whiteman, will be carefully considered before any decision is taken. She even contacted the Social Services and referred me to a Hospital and an organization when i told her my conditions.

After Theresa May's reply of on 5th July 2013, the only response I received from the UKBA was in July 2013 which says my application appears that i am making an implied asylum claim. So they believe my application appears to them as if I’m I am seeking an International Protection, whereas i only made FLr(o) application and not a protection..

They said they cannot grant me a protection through Flro form and they said its either (1) I should apply for Asylum before 8th of August 2013, if I wish to, or (2) if I did not apply for Asylum before 8th of August 2013 they will go ahead and decide my application only base on my Article 8 rights.
My solicitor have contacted them and confirmed to them to go ahead and decide my application on my Article 8 rights.

Shockingly, Up till now I have not receive any decision from the UKBA, not even a response... This is really frustrating.

I've not explained all this fully here before but i've been pushed to wall and frustrated to vomit out for anyone here who can help me out with a drafted pre-protocol action so i can forward to my solicitor.

I would also appreciate if the drafted letter can contain some touching statement for my solicitor to realize how patient i've waited for long and how important he need to submit the PAP to the UKBA.

Let me include that i have contacted Ombudsman more than 5 times, they never respond too...

Thanks and God bless you all for your contribution and encouragement.
Everyone here will be granted his/her visa by God's grace

[Believe2013]

Good morning All.

Verbina you will find that many of us actually learn a lot from you!!

Thanks Shondra for a very interesting post - It's a very nasty bill as they can't find a way of repatriating powers as the ECHR is a constant thorn for them. For the UK to withdraw from ECHR and still remain a member of the EU - they would need to demonstrate and comport to human rights law and that's not negotiable by the way. So I am highly sceptical it will not happen anytime soon, as this country will have to come up with a quick and equally credible alternative to the ECHR. Yes there was mention of the British Bill of rights but whatever happened to it? The debate was somehow silenced as it lacked credibility and fairness. Not only is implementing a new bill costly (in these austere times) plus politicians across the spectra have to have a consensus ad idem to pass it as law. If the economy is showing signs of stable and sustainable growth come 2015 then we have the Clowns back in power again. Immigration is a smoke screen as they are struggling to turn around the economy so they need a scapegoat!! I can't stand the Tories

[dapsonlee]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

Hey Keisha, thank you for your prayers. I guess when you read cases like Ale001, I'd rather just keep my moans on the down low. Been waiting 11 months now and the reply "yet to be completed & not allocated to a caseworker" glares with clarity. Therefore the waiting game is still on. Hope you are ok and doing pretty well yourself?


@Ale001,

Verbina and Hatchsead are very much on point with the PAP characterization but in my own opinion why not try resolve this with the ombudsmen before you take that expensive and lengthy step cos once you involve the courts, they (ombudsmen) cannot get involved any longer. Have a look at section 3.1 & 3.2 of this document,

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

so just try them first (just my opinion).

[verbina]

Good morning All.

Verbina you will find that many of us actually learn a lot from you!!

Thanks Shondra for a very interesting post - It's a very nasty bill as they can't find a way of repatriating powers as the ECHR is a constant thorn for them. For the UK to withdraw from ECHR and still remain a member of the EU - they would need to demonstrate and comport to human rights law and that's not negotiable by the way. So I am highly sceptical it will not happen anytime soon, as this country will have to come up with a quick and equally credible alternative to the ECHR. Yes there was mention of the British Bill of rights but whatever happened to it? The debate was somehow silenced as it lacked credibility and fairness. Not only is implementing a new bill costly (in these austere times) plus politicians across the spectra have to have a consensus ad idem to pass it as law. If the economy is showing signs of stable and sustainable growth come 2015 then we have the Clowns back in power again. Immigration is a smoke screen as they are struggling to turn around the economy so they need a scapegoat!! I can't stand the Tories

Hee hee but 2 heads are better than 1 -said siamese twins!

[verbina]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

Hey Keisha, thank you for your prayers. I guess when you read cases like Ale001, I'd rather just keep my moans on the down low. Been waiting 11 months now and the reply "yet to be completed & not allocated to a caseworker" glares with clarity. Therefore the waiting game is still on. Hope you are ok and doing pretty well yourself?


@Ale001,

Verbina and Hatchsead are very much on point with the PAP characterization but in my own opinion why not try resolve this with the ombudsmen before you take that expensive and lengthy step cos once you involve the courts perhaps they (ombudsmen) cannot get involved any longer. Have a look at section 3.1 & 3.2 of this document,

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

so just try them first (just my opinion).

@Dapsonlee good point!
@Ale , why dont you try the Ombudsman first?

[ale001]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

Hey Keisha, thank you for your prayers. I guess when you read cases like Ale001, I'd rather just keep my moans on the down low. Been waiting 11 months now and the reply "yet to be completed & not allocated to a caseworker" glares with clarity. Therefore the waiting game is still on. Hope you are ok and doing pretty well yourself?


@Ale001,

Verbina and Hatchsead are very much on point with the PAP characterization but in my own opinion why not try resolve this with the ombudsmen before you take that expensive and lengthy step cos once you involve the courts, they (ombudsmen) cannot get involved any longer. Have a look at section 3.1 & 3.2 of this document,

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

so just try them first (just my opinion).

Let me include that i have contacted Ombudsman more than 5 times, they never respond too...

[ale001]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

Hey Keisha, thank you for your prayers. I guess when you read cases like Ale001, I'd rather just keep my moans on the down low. Been waiting 11 months now and the reply "yet to be completed & not allocated to a caseworker" glares with clarity. Therefore the waiting game is still on. Hope you are ok and doing pretty well yourself?


@Ale001,

Verbina and Hatchsead are very much on point with the PAP characterization but in my own opinion why not try resolve this with the ombudsmen before you take that expensive and lengthy step cos once you involve the courts perhaps they (ombudsmen) cannot get involved any longer. Have a look at section 3.1 & 3.2 of this document,

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

so just try them first (just my opinion).

@Dapsonlee good point!
@Ale , why dont you try the Ombudsman first?

Let me include that i have contacted Ombudsman more than 5 times, they never respond too...

[verbina]

Morning...

Hope all is well with you as we still await for good results.I believe God will meet us at a point of need.Yesterday,I wrote an essay and thought it was posted...*sighs*.

@Shorma...that's an interesting bill,no wonder she has diabetes.

@Winners...I'm sorry about the refusal and may God answer you're prayers.Don't despair as we all trust in God to fight for us and grant us visas.

@Dapsonlee...*waves*Mr MP where have you been hiding?How's the going though?

@God's Authority...Hiya,all shall be well in Jesus name.Never stop believing that you will come out victorius!

@Ale001...Gosh,that's a long time and its not really fair.I hope they didn't loose you're application form during the process.Never loose hope and see how it goes with a PAP or seek legal advice.I pray that all goes well for you.

Hey Keisha, thank you for your prayers. I guess when you read cases like Ale001, I'd rather just keep my moans on the down low. Been waiting 11 months now and the reply "yet to be completed & not allocated to a caseworker" glares with clarity. Therefore the waiting game is still on. Hope you are ok and doing pretty well yourself?


@Ale001,

Verbina and Hatchsead are very much on point with the PAP characterization but in my own opinion why not try resolve this with the ombudsmen before you take that expensive and lengthy step cos once you involve the courts perhaps they (ombudsmen) cannot get involved any longer. Have a look at section 3.1 & 3.2 of this document,

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

so just try them first (just my opinion).

@Dapsonlee good point!
@Ale , why dont you try the Ombudsman first?

Let me include that i have contacted Ombudsman more than 5 times, they never respond too...

Why dont you phone them? Then they can take all the details on the phone and post all the necessary forms for you to fill .....