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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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My relative is on family visit visa, he was picked up by immigration

Resolved Question:

my relative is on family visit visa, he was picked up by immigration enforcement team today from a shop claiming he was working there, he was visiting his friends in the shop, he is now taken to dorset detention center, he is already due to travel back in July and having valid visa to stay in UK.
nothing is communicated to family and nothing is explained to him clearly, i need some advice to understand what we can do legally to bring him back home.
thanks
chawla ***********
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Has be been served with any documents or papers?
Has any proof been provided to him why he was deemed to be working in the shop?
Kind regards
Customer: replied 1 year ago.

Hi,

sorry for late reply,

1- He is given some documents, i can scan and send you if you need.

2- Other than being in shop they haven't got any evidence that he was working in the shop, even shop owner confirmed to immigration officer that detainee doesn't work in the shop. in spite of that he was taken away and sent to Dorset detention center. it seems he was framed.

i really need to know what next step is, what action i can take to get him out of detention center asap, he is due to go back in July mid and already having booked tickets.

thanks

hukum

07834946040

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
1. What you need to do firstly is instruct a solicitor, it is very difficult of you to try and correspond with the home office specially if someone is detailed. They my not reply back to you or take into account anything you may state. The documents he has probably been given state why he has been detained and his rights.
2. What you would need to do is get the documents from him and call the number on the top of the page, he would need to write a letter of authority to confirm he is willing to let you assist him with the matter. You can then write a letter to them and call them explaining what occurred and why you believe he should be released from detention.
At the same time you can apply for him to be bailed from the detention center. the form needed for that can be found at the following link:
http://www.biduk.org/sites/default/files/B1%20immigration%20bail%20application%20form%20July%202014.pdf
This form needs to be send to his closest Immigration Tribunal with the documents he has been served with. Then the tribunal will set a Hearing date and you can attend to state his case on his behalf. You must get the B1 form signed by him where it states.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.

Hi,

unfortunately i don't have funds to support a solicitor so i'm on my own to present this case.

can you please explain about following

1- bail from chief immigration officer, what is the possibility to get bail from CIO.

2- welfare support in detention center.

do you know how long a detainee can be held in detention center by law?

thanks

hukum

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
1. Regarding getting bail it is something that you need to write a request from the CIO, in some cases it can be granted without any action but in this case you would need to write to them and inform them of your part of the story but as I mentioned you need to get authority from the detainee and the address of who to write to from him too.
2. The welfare support is like a charity which assists detainees ie with religion, culture etc during the period they are detained. They only look out for the best interest of the detainee.
3. A decision to detain is made by individual immigration officers and, unlike people detained under the criminal justice system, its lawfulness is not automatically subject to independent review. A detained person can, after seven days have passed, apply to a judge for review of his or her detention, but many people, particularly those who don’t speak English, are unaware of this procedure and find it difficult to access legal advice. So in your case if his deportation is not imminent then he should allow for a review and bail, the required information should be available to him in the detention center.
I hope this answers your question, if so, please provide a rating so I can get credited for my time.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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