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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2574
Experience:  Solicitor
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Our passports were tampered without our knowledge - we

Customer Question

hi there
our passports were tampered without our knowledge - we travelled to france by eurostar in good faith and had no problem at the end of the summer
on our return to heathrow my 2 sons were stopped at immigration and we were told someone had tampered with their passports - they held my 2 sons age 13 and 14 there with me for about 20 mins and were very helpful as they understood we had been the victims of crime etc
we agreed for speed would leave our passports with them as they said if we applied for new ones we would have no problems -
we visited the passport office in victoria the first weekend we got back and applied for fast track
we were told we should receive our passports within the week and have no problems that was 10 sept
5 weeks later and 30 or 40 calls and emails still no passports - i am been driven mad by them and i need my kids passports URGENTLY
CAN YOU HELP US
thank you so much we travel on 17 dec for a very special ski trip to celebrate my other sons's 18th birthday and it is too late to cancel and i am really out of my mind with stress that they will keep my younger kids passports and they can t go as they keep saying there is no time frame and just we have to wait. mairead***********
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

We are a question and answer site so can not act for you.

But I can certainly tell you what you need to do to resolve this?

Customer: replied 5 months ago.
can you just email me the reply please - as i can't afford any more just now - is that ok - than you Jamie mairead
Customer: replied 5 months ago.
sorry jamie are you e mailing me -i am bad at technology and not sure if you have replied - could you let me know - thank you mairead
Expert:  Jamie-Law replied 5 months ago.

Sure. But you know this is a question and answer site, we can not act for you.

But I can tell you what to do. Is that ok?

Customer: replied 5 months ago.
i understand - if you could tell me what to do then that would be amazing - as i am SEVERELY stressed they can just keep my sons passports indefinitely thank you so much
Expert:  Jamie-Law replied 5 months ago.

Sure. Have you sent in an application for replacement?

Customer: replied 5 months ago.
we applied by fast track the first sat we returned to the uk - when we were there - the guy who took our application said it should be about a week to process - we applied on 10 sept and now it is 5 weeks and i call and email and they will only say that the examiner is doing standard checks and he will call me but he never doesmairead
Expert:  Jamie-Law replied 5 months ago.

Ok - what you need to do is get a Solicitor to write and ask that it is processed within 7 days or say you will go to Court.

If they do not respond or refuse then you can seek a Judicial Review of their decision. This is where the High Court examines what they have done to see if it is reasonable and legal.

The Court can either agree with their decision or remit it back to be reconsidered.

But this is a drastic step but I know time is of the essence.

As such therefore this seems the quickest route to take. You could consider an injunction to make them process this faster, but for that you would also need a Solicitor to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

For more information on Judicial Review please see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2574
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 5 months ago.
thank you -that is helpful -1. can they keep a child's passport for an indefinite amount of time - is that legal2. if we paid a solicitor to write the letter do you think it could make them keep it even longer?3. is there a period that the HMPO are allowed to keep - for e.g. 6 weeks - should i wait for 6 weeks to pass4. we have another 8 weeks till we go so am just hoping they may process it by then - but when i ask they always say there is no timeframe5. i know this is just a question and answer but what would you do - wait a bit longer for e.g. ???thank you Jamiemairead
Customer: replied 5 months ago.
sorry are you still answering - i did that before i had finished
- sorry!mariead
Expert:  Jamie-Law replied 5 months ago.

1. can they keep a child's passport for an indefinite amount of time - is that legal
Yes - a passport belongs to the Queen, not you. There is no right to one
2. if we paid a solicitor to write the letter do you think it could make them keep it even longer?
No - it may speed things up.
3. i there a period that the HMPO are allowed to keep - for e.g. 6 weeks - should i wait for 6 weeks to pass
You can but you are leaving it close.......
4. we have another 8 weeks till we go so am just hoping they may process it by then - but when i ask they always say there is no timeframe
Its up to you, but I would do something sooner rather than later.
5. i know this is just a question and answer but what would you do - wait a bit longer for e.g. ???

I would get a Solicitor letter.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
thank you - can you recommend any one - or is that not part of your remit - should i just look for immigration solicitors ???thank you so muchmairead
Expert:  Jamie-Law replied 5 months ago.

Its Administrative Law.

Sadly I cant recommend but go to:

http://solicitors.lawsociety.org.uk/

Customer: replied 5 months ago.
thank you so much - i will do that - mairead
Expert:  Jamie-Law replied 5 months ago.

All the best Mairead

Customer: replied 5 months ago.
sorry one last thing - i have checked the categories - but to search you have to put in a category and there is no one for administrative law - what should i search under thank you so much mairead
Expert:  Jamie-Law replied 5 months ago.

There is a box for administrative and public law.

Its that one!

Customer: replied 5 months ago.
ok will do now -thank you so much for everything - mairead
Expert:  Jamie-Law replied 5 months ago.

All the very best.

Customer: replied 5 months ago.
sorry! it comes up as no results in london for e.g. under administrative law - would there be another heading mairead
Expert:  Jamie-Law replied 5 months ago.

Sadly you would have to widen the search.

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