In a ruling that is likely to deal a serious blow to the UK Governments efforts to tackle illegal immigration, an Appeals Judge awarded an Indian woman the right to return to her son in UK.
Indian woman who was deported for fixing sham marriages and allowed her to return to the UK to re-unite with her 9-year-old son. The 46-year-old mother, who cannot be named for legal reasons, had been jailed for two years after she entered the UK on a fake passport in 2005 and then deported.
In another instance the Home Office had been forced to let a family of Nigerian immigrants that were deported from Britain back in to the country. The woman, who first came to the UK from Nigeria in 1991 and worked illegally for years, attempted to claim asylum in 2010 because she feared persecution.Officials refused the claim and she was deported in January 2015.
Under Section 17 of the Immigration Act 2014, an Appellant can remain in the UK to bring or continue his appeal if his initial claim was made whilst he was in the UK. If however, the Secretary of State has decided that an appeal is ‘clearly unfounded’ or a person can be removed to a safe third country, the appeal can only take place once the person has left the UK.
In the case of someone liable to deportation who raises a human rights claim, the default is to remove them from the UK to avoid individuals abusing the appeals process. It has become a common occurrence for individuagivenls to delay their removal from the UK by lodging an appeal, so before the appeals process is exhausted they are the right of appeal from abroad.
However in light of the above cases, there is likely to be newer challenges on the Home Office from ‘affected’ migrants which is likely to have an impact on the Immigration promised made by the British Government.
If you require Legal Advice on UK Visa Application Appeals, then our team of experienced and professionally qualified immigration solicitors and experts will be able to advice and assist you through the process of preparing the grounds of appeal and filing it with the relevant tribunals. You can contact us on firstname.lastname@example.org or call on +91 98191 27002 to book your appointment for a consultation.
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