unlawful detention of non eea family member

[iyomski]

Hello

I am a British national and married to a Nigerian we have a nine months old baby. My husband has been detained by the home office since the 7/07/2014. Let me try and give a brief details. my husband was convicted for sham marriage and served a 21 months prison sentence. he was issued a deportation order and removed from the UK in 2012. all of these happened before him and I got married last year. We've been living Spain since last July last year and he was issued with a 5 years eea family member residence card by the Spanish authorities because I was working there. On our way to the UK on the 7th he was stopped and arrested for illegal entry.
I thought the deportation order is no longer in force since hes now an eea family and member and has a card that shows that?

Any suggestions will be appreciated please

Thanks

[confusedinpakistan]

How were you trying to make entry?

Did he try to get a code 1a stamp? Did they give him the oppurtunity to try to prove he was an eea national?

[Obie]

Hello

I am a British national and married to a Nigerian we have a nine months old baby. My husband has been detained by the home office since the 7/07/2014. Let me try and give a brief details. my husband was convicted for sham marriage and served a 21 months prison sentence. he was issued a deportation order and removed from the UK in 2012. all of these happened before him and I got married last year. We've been living Spain since last July last year and he was issued with a 5 years eea family member residence card by the Spanish authorities because I was working there. On our way to the UK on the 7th he was stopped and arrested for illegal entry.
I thought the deportation order is no longer in force since hes now an eea family and member and has a card that shows that?

Any suggestions will be appreciated please

Thanks

The detention and arrest seems wrong.

They should have enquired whether the deportation continue to be justified under regulation 21 and 19 (3)(B), failure to do so, can lead to a successful claim for unlawful detention.

[el patron]

I would have thought the first step would be to apply for bail, setting out all the points raised here etc.

Oh yes, he should also apply now for a EEA Residence Document, this can be done on his behalf if necessary, such an application will create a temporary barrier to removal action pending the processing of the application.

[iyomski]

Hi
I am a british citizen and my husband is nigerian, we've just wo won an appeal in court after a long fight with home office. A brife history: I've worked and lived in Spain with my husband and we moved to the uk in 2014 he was arrested at the airport the home claims he his an illegal and he was detained for over 2 months before he was realised and we have been going to court since then to cut the long story short he had a deportation order before he meet me which was the reason he was detained but we won the the case that the deportation order is nologer valid because he is now an eea family. member anyways he put in an application for a resident ppermit sending both determinations from both hearing only to get a coa saying they cannot comfirm if my husband has the right to work. Why does he have to wait untill his application is decided??? Sorry for the long post