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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I applied for ILR under article8 since 2002, but at some point,

Customer Question

I applied for ILR under article8 since 2002, but at some point, the UKBA moved my case to legacy(asylum). Of recent, they said I should bring any further representation myself to liverpool. Spoke to them and they asked if I have the ARC card. Told him no and explained my application. Now they don'tknow what to do about my case... My lawyer now wrote to them and will seek judicial review...is this the right part?
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your question.

You applied for ILR on the basis of 10 year long residence?
Why did they move your case to asylum?
Did you have any representations made in respect that you wanted to claim asylum?

Kind regards
Customer: replied 4 years ago.

No.


I first came to the Uk in 1987. In 1990, was convicted of fraud with 2yrs sentence reduced to 18months on appeal. got deported in 1992. Came back in 1993. At the port of entry, got stopped and I then tried to claim asulum but was refused and sent back to Italy as the UN law states that first country of landing is where one should claim asulum. Got sent back home and I re enter in 2001 and applied for ILR Article8. Had a son born in 1992 in UK. and I have another one now born in 2008. I have a british wife that we now live together. Although our marriage is Nikkai as I will need to get a licence to marry.


 


I still don't know why case is moved to asylum.


 


Spoke to the Case unit in Liverpool. The lady I spoke to realised that it was wrong to put my case in asylum. Though said she will write a note on my file.

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

It does seem like this has been a mistake on behalf of the home office and if they have agreed to rectify the problem then I do not think it should be much of an issue.

Your solicitor should write to the home office making further representations and stating that the home office need to treat the case as non-asylum and send it to the necessary department.

In respect of asking for a Judicial review, I would suggest that this should only be done once a decision has been made on your application. What you should be aware of is that a judicial review will only come into play when you have exhausted all your appeal rights ie the First tier tribunal and second tier tribunal OR if your application has been refused and no appeal right has been given only then would you need to do down the route of judicial review.

In your instance , your solicitor should write to the home office making them aware of the fact that they are processing the case incorrectly and that it should be dealt with under non asylum matters and sent to the relevant department. No need for Judicial review until a decision has been made on your application.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards