F.A.O: UK Immigration Solicitor and Or Barrister.
I live in England, UK and would like advise and assistance on the following UK Immigration matter.
I currently have outstanding Reps with the Home Office and I am acting in person, therefore this going to be a long one, as I need to gather as much information and advise as I can. Bearing this in mind I am willing to top up the £26 I am currently offering for assistance, This will be fair so you can be rewarded for your time, as my query going to take you longer than usual to read it and respond to my questions.
RE: Regulation of Immigration Status and revoking outstanding deportation Order (that has not been enforced/effected due to difficulties in obtaining travel documents and removals to the country of origin - Occupied Palestinian Territories)
- Private and Family Life, Article 8 - Unmarried couple
- Non-removability due to no fault of my own - Limbo Case.
- New Immigration rules relating to statelessness.
- Restrictions imposed on the Work Permit (Work permission was granted but work is restricted to SOL - Further Reps outstanding for 3 and half years).
- The process of applying for licence to register marriage (marriage to EU national Residents in the UK for 8 years) when there is an outstanding deportation order.
Back Grounds and Brief Immigration History:
1. I am 30 Years old Palestinian National was born in the Occupied West Bank, Lived in Palestine till May 2002.
2. I have been living in the UK since May 2002, I claimed Asylum on arrival, however my Asylum claim was refused in 2003 and my appeal was dismissed in 2004 following the dismissal of my appeal I absconded and had no contact with the authorities till the end of 2006.
3. At the end of 2006 I was arrested by the police and charged with obtaining pecuniary advantage and obtaining service by deception (using false documents to obtain employment and open a bank account by deception) I was sentenced to 2 years imprisonment and recommended for deportation. Towards the end of my prison sentence I was served with a notice of decision to abating deportation order, I appealed the decision, however my appeal was dismissed and my application for a judicial review was refused.
4. At this stage I exhausted my appeal rights and I was served with a signed deportation order, and at the end of my prison sentence my detention continued under the immigration powers for a further 6 months.
5. At this stage the home office attempted to obtain travel document to remove me, however they were not successful due to the difficulties in obtaining travel documents for Palestinian nationals. I on my part was cooperative and didn't attempt at any stage to jeopardise the process. I contacted the Palestinian General Delegation in London to request that they issue me with Travel Documents they confirmed in writing that they have no authority to issue travel documents in the U.K. The Israeli Embassy also told me that since I was Palestinian I should be contacting the Palestinians and not them. I also contacted the IOM and the Refugee Council requesting Assistance in obtaining travel documents, all were to no avail. All my communications with previously mentioned organisation were well documented and therefore I managed to get released on Temporary Release with electronic Tagging as a continuation of the detention would had been unlawful as there was no prospects of removal.
6. Following my release from Immigration Detention I complied with Temporary Release and the Electronic Tagging for 9 months, after the 9 months I just simply fed up of being not able to go back home or lead a normal life in the UK. So I cut the electronic tag and attempted to leave the UK via Ireland. However I don't know whether am just unlucky or just destined to be in the UK. Less than 6 hours after removing the electronic Tag I was stopped by the UK Immigration at Belfast Airport after flying there from London Stansted and I was arrested and transferred immigration detention in Scotland where I stayed for 3 months, after the 3 months I attempted to escape however I was not successful. Following this I was transferred to a more secure detention centre in London where I stayed for a further 11 months.
7. During this time I made fresh claim for asylum, I was interviewed and my application was fast tracked, refused and certified (was found to be not credible)
8. Following this I waved my appeal rights and signed a disclaimer waving all my appeal rights and made it clear to the home office that wished to go home to see my ill father (he was the only member of my family left in Palestine). And requested that I be escorted to the Israeli Embassy and the Palestinian General delegation to speed up the removal process.
9. Again the Israelis refused to help and I was escorted from detention to the Palestinian General Delegation (following my request) however they also refused to help, as I didn't have any original ID Documents.
10. The Palestinian General Delegation in the UK have no authority to issue travel documents in the UK, Palestinian travel documents are only issued in the Palestinian Territories, However the Palestinian Delegation in the UK can Issue Palestinian National who are in possession of sufficient Original ID documents with form of authority (authority for a person to obtain documents on the applicant behalf) which can be sent by the applicant to a relative in the Palestinian Territories to obtain Travel Documents on the Applicant behalf, once the travel documents are issued then they need to be sent back to the applicant in the UK who will forward it to the Home Office to start the removal process.
11. The Palestinian General Delegation Refused to issue me with Travel Documents (as they have no authority to do so) and also refused to issue me with the above mentioned authority form (which I wanted to send to my father) as I didn't have any original documents, I only had a copy of my national ID Card.
12. The whereabouts of my Original National ID Card! My original ID card was handed to the adjudicator at the AIT during in 2004 at my Asylum claim appeal Hearing, and was never returned to me and the home office have no record of it. I am in possession of a copy of a letter sent by my case worker to the AIT trying to trace my ID card, the letter confirm that my ID was either misplaced or destroyed as the hard copy of Asylum Appeal Case was destroyed by the AIT few years later!
13. During my detention I had a direct phone number for my Immigration caseworker and she was well aware that my father was seriously ill and that I wanted to go home to see him, my communication with my case worker are well documented. Few months later my father passed away, again I am in possession of home office letter confirming that I made them aware of this.
14. Following my father death I had no body left in Palestine, my mother died shortly after my arrival in the UK and my sister was Granted Refugee Protection in Canada.
15. My detention continued and I tried to get help and assistance from solicitors in Israel, West Bank and Gaza and have also contacted the Palestinian Interior Ministry both in the West Bank and Gaza, I have sent over 20 faxes and emails. All were to no avail. (I am in possession of copies of the fax's and emails)
16. I also contacted the IOM and Refugee Council again requesting assistance in obtaining travel documents they just reconfirmed what I was made aware of that there was no possibility of obtaining travel documents.
17. At this stage I again managed to secure my release from detention on AIT Bail with curfew (electronic tagging). Continuation of further detention would have been unlawful imprisonment.
18. Following my release from Detention I suffered from Depression and Stress, was on medication for around 9 months and had two courses of counselling (12 sessions) with the help of my councillor and the fact that I couldn't be removed from the UK due to no fault of my own I managed to get my case worker to agree to remove my electronic tag and change my reporting restriction from weekly to monthly reporting and have complied with my bail conditions for the last 3-4 years.
19. Following my release from detention a solicitor made further representation on my behalf based on my non removability due to the loss/misplacement of ID Card by the AIT, the Limbo situation I am stuck in and the fact that the current situation and restrictions I am being subjected to prevents me from leading a normal life, this further Reps have been outstanding for 3 and half years. Or perhaps have been ignored for 3 and half years as my case was assigned to a home office team, which doesn't conduct active casework!
20. Also following my release from detention I met nice lady who is very understanding of my situation, we dated for few months before becoming a couple and we have been together for around 3 and half years, she is EU national and been resident in the UK since 2004 and also a home owner.
21. After my release from detention I was provided with S4 accommodation (a room in shared house) by the home office, I wrote tow letters to the home office which I handed to the Immigration Officer at the reporting centre I report to requesting they permit me to change my bail address (requesting home office permission to change address is a condition of my bail) my two letters were ignored and never acknowledged.
22. 8 months ago I withdraw authority from the solicitors I had and managed to get my new caseworker name, address and direct telephone No. And I contacted him requesting update the further reps mentioned above which have been outstanding for 3 and half years I was told my case was assigned to a team which doesn't conduct active case work (a further proof that there is no possibility of removal and also confirm that the home office are not working to effect the outstanding deportation order) however I must say the case worker was very helpful and promised me to pass my reps for the relevant department)
23. Few days after my call to the case worker I received a status questionnaire which I have filled and sent back and at this stage I made the home office aware of my long term relationship with my partner.
24. Couple of weeks after I sent back the questionnaire I received a letter from the Home Office requesting that I provide evidence of my relationship and also requesting that I make a statement in support of my request to revoke the Deportation Order/Regulate Status. I did so and provided the following information and documents:
I revisited the non-removability issues and the fact that I can’t be removed due to no fault of my own and this was preventing me leading a normal life.
I provided details about my relationship, my partner details and Immigration Status, How long we have been together and how the relationship started.
I made a reference to the fact that we were not living together due to the restrictions imposed on me by the Home Office (Section 4 Accommodation and Bail Condition relating to place of residence I was not allowed to change my place of residence /Address without the Home Office Permission, be away from my accommodation for more than seven days and nights in a row, or 14 days and nights during six-month period. Also I was not allowed to share my accommodation with any body -S4 Accommodation)
I also made it clear in my statement that I will move in with my partner as soon as I was allowed to do so as my previous requests were ignored.
I made reference to the fact that although I was sentenced to 2 years imprisonment, I am not a danger to the public and was not convicted of serious offence (I was in prison for using false documents)
I provided the following documents:
Although I wasn’t living with my partner at the time, I provided documents to prove that I have been authorised user on a mobile contract under her name for a round 2 years.
I also provided documents confirming that I have been an additional driver on my partner insurance policy for around 12 months.
In addition I provided documents to confirm that my post was redirected to my partner address for around 12 months (this because I used to live In a shared accommodation and there was issues with receiving the mail)
My partner, her brother and his girl friend provided statements confirming our long term relationship and it was made clear that they are willing to give evidence in person.
I provided a copy of my partner passport and confirmation of 8 years residency in the UK and a confirmation of property ownership.
I provided 70 family photographs, its evident in the photograph that they were taken during the last 3 years.
As I am aware that to qualify for leave to remain on the basis on relationship there is 2 years of cohabiting requirement, I asked that our relationship be considered on its own merits as I couldn’t live with partner due to the restrictions were imposed on me by the Home Office.
25. After receiving my statements and documents the Home Office requested that I make a formal request for permission to change my address so I can move in with my partner, I did so and this was granted 5 months ago and we have been living together since.
26. I also requested work permission (Further Reps Mentioned above outstanding for three and half years) this was granted, but work is restricted to SOL.
In addition to all of the above I also a wrote to the home office couple of months ago, making further submissions based on the new Immigration Rules, Relating To Statelessness came into effect on 6 April 2013. And requested this be taken into account when considering my case.
I enclose below the submissions I made in this regards:
” As advised above I wish to make the following further submissions:
- When reconsidering my case I would like you to take into account the recent Home Office Legislation in respect of/ relating to Statelessness, As you are aware I am stateless and I would like you consider this along with my other representations and submissions.
- I am un documented Stateless Ethnic Palestinian from the west Bank, Palestine is not recognised as a State, the Israeli don’t recognise us and don’t consider us as Citizens. And Ian m not considered as a national by any state and can not be documented, the Israeli don’t issue us with travel documents and the Palestinian General Delegation to London have no authority to issue travel documents here in the U.K. The Israeli Embassy and Palestinian Delegations documents provided in previous letters confirm this.
- In the case of AB and others (Risk- Return – Israel Check Points) Palestine  UKIAT 00046 Mr J BARNES The Vice President of the Immigration Appeal Tribunal at the time, States in Paragraph 33 of the Determination of this Appeal that:
”We accept that each of the Appellants is stateless but on the totality of the evidence they do not, as we have said, satisfy us that there is a real risk to them either should they in the course of any return be placed in a position where they are under the control of the Israeli Authorities. This was, of course, an issue which we were bound to consider by reason of the obligations of the United Kingdom under Article 33 of the Refugee Convention which provides that no contracting state shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. Given that if there were any prospect of a successful return it would inevitably follow that each Appellant would be placed in the control of the Israeli Authorities at the point of entry to the Occupied Territories, there was a properly arguably issue as to whether this of itself would expose any of them to the real risk of persecution or a breach of their protected human rights. The objective evidence, however, simply does not support such a proposition. The only relevant evidence is that the Israeli security forces will not allow ethnic Palestinian being forcibly returned from abroad to re-enter the Occupied Territories.”
- The First Appellant in the above mentioned Case/Appeal was an ethnic Palestinian whose formal habitual residence was the West Bank.
- The Immigration Appeal Tribunal in the above mentioned case considered all of evidence and reached the conclusion that the First Appellant who was an ethnic Palestinian whose formal habitual residence was the West Bank was indeed Stateless, in view of this I bring your attention to the new Immigration Rules, Relating To Statelessness came into effect on 6 April 2013. And request this be taken into account when considering my case.
- My case is exceptional and has its own merits, I ask you to take into account the fact that I cant be returned to the west bank due to no fault of my own (please see previous representation and submissions), my statelessness and my long term genuine and subsisting relationship when reconsidering my case.”
Last week I managed to get hold of the direct phone number of a senior caseworker who informed that my case was picked up by a caseworker for a consideration and was told I would get a decision within 2-3 months.
WHAT I NEED TO KNOW AND WHAT ADVISE I AM SEEKING:
I don’t want to be negative, although I am grateful for the hospitality I received in the UKI must say that I have no faith in the Home Office at all especially when my Documents was lost/misplaced by the AIT and I have been stuck in this limbo situation for almost 12 years.
I need to know where I stand, the merits of my case and how can I strengthen my case to resolve this matter.
I would appreciate advise on the following:
1. The merits of my case on the basis of Exceptional Circumstances and Compelling and Companionate Grounds- The non-removability. Bearing in mind that at the moment there no policy to deal with cases such as mine.
2. The merits of my case based on my relationship, bearing in mind I have an outstanding Deportation Order and the Fact that I have only been living with my partner for around 5 months, as I explained above this is because I couldn’t do so before and this can be explained.
3. The merits of my case on my Statelessness see submissions mentioned above.
4. Can I challenge the SOL work restrictions currently imposed on my work permit, I understand this have been tried before in the High Court and failed. However I currently receive no supports at all (living with partner) and there is no prospects of removals due to no fault of my own.
5. My partner would like us to get married, I am a bit worried about this due to the uncertainty of the situation I am currently in, If we decided to go a head with it, how can I go about this in regards XXXXX XXXXX the Home Office Permission to register the marriage. I can assure you that our relationship is genuine.
6. As I mentioned above I am currently acting in person, I withdrawn authority from the Solicitor as they were useless. Do you think I need to get a New Solicitors on board at this stage to push things forward or should I just wait till I get a decision? I qualify for Legal Aid.
FURTHER ASSISTANCE REQUESTED ON THE FOLLOWING :
In addition to the above, although I am stateless and I stand by statelessness submissions. as it evident In the case of AB and others (Risk- Return – Israel Check Points) Palestine  UKIAT 00046 mentioned above Mr J BARNES found that ethnic Palestinian whose formal habitual residence was the West Bank are indeed Stateless. I also understand that It can be said that I am the responsibility of the Palestinian Authority therefore the Home Office might choose argue (no matter whether successfully or not ) that I cant be stateless. However in respect of this I have carried my own research and I believe I also can go down the following route, because I am un documented and cant be documented therefore I am not benefiting of the assumed or would be assumed nationality (there is no Palestinian State). here is what I found about this:
Who is Stateless?
A stateless person is defined by international law (1954 Convention Relating to the Status of Stateless
Persons) as a person who is, ‘not considered a national by any state under the operation of its law’.
You may also hear the term “de facto” stateless used. This is not a technical term. It is used for those
who are not really stateless because they have a nationality but who have problems in benefiting from that
nationality in practice. Because of frequent reference to de facto statelessness, the stateless are
sometimes known as “de jure” (as a matter of law) stateless.
The stateless include people who have recently migrated and people who have been born in or lived in the
same place for years. Statelessness can occur in many ways, for example when there is a conflict of laws
between States, when a State becomes independent and fails to include certain people or when there is
discrimination against minority groups in nationality legislation.
Who can be granted leave to remain as a stateless person?
On 6 April 2013, UK introduced provision in the Immigration Rules to recognise and grant leave to remain
to certain stateless persons. (Part 14 of the Immigration Rules). Before that date there was a procedure for
stateless persons to obtain travel documents (which still exists) but not for them to obtain leave as
stateless persons. They were often left in legal limbo with no procedure to regularise their status.
The rules do not cover the ‘de facto stateless.’ Where a person has tried repeatedly and unsuccessfully to
obtain documents from their country of origin there is likely to be a point at which it can be said of them
that they are not recognised as a national by any State by operation of its law. At this point they are
stateless, not “de facto stateless.” Such persons may benefit from the new rules.
A person must be in the UK to apply under the new rules and port applicants are excluded. A person will
be able to benefit from the new rules where they meet the international definition of a stateless person as
set out above and are not excluded. The reasons for exclusion are based on the 1954 Convention but the
way in which they are dealt with in the immigration rules are not precisely reflect the Convention. These
That they are already receiving United Nations assistance (this applies to certain, but not all
That there are serious reasons to believe that they have committed war crimes, crimes against
humanity (etc.) or serious non political crimes outside the UK;
That they are recognised by the country in which they used to live as having all the rights and
obligations of a citizen in that country. This is different from the wording in the Convention, which
refers to the country in which they have taken up residence, for example those who have come to
live in the UK (no one is very sure precisely what this ground for exclusion means whether in the
Convention or in the Immigration Rules and it is very difficult to think of any examples).
An applicant will be refused if s/he does not meet the definition of statelessness but also if:
there are reasonable grounds to consider that they would be a danger to the security of the UK or
a risk to public order; or
they fall under any of the general grounds for refusal that are set out in rule 322 of the Immigration
there is a country to which they would be admitted.
what's the merits of going down this route and where do I stand on this?
Do you recommend that I make further submissions to the home office with reference to this or should I just wait and see what they will come up with as I will contradicting my self?? is it advisable to just go for it and make further submissions to avoid any refusal on the statelessness grounds ?
Thanking you in advance for your Time, Help and Assistance.