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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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Found out last year that an appeal/JR was not submitted on

Customer Question

Found out last year that an appeal/JR was not submitted on my behalf in 2009 as my solicitor's firm was closed by the Legal society. The Legal Society did not get in touch about the closure and I was of the opinion that it was the Court that was causing delay. I did hope in good faith that last year having attained 10 years continuous residency I would have been able to apply for indefinite leave. What would you suggest I do now.

Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Margaret welcome to just answer. I will be happy to assist but can you explain your circumstances a little more please. Was this an immigration application ? What exactly happened please?
Customer: replied 4 years ago.

I was on a student visa and was refused extension around Jan 2009. Followed the AIT process, refused but given right to appeal, that was also refused but was told would need to appeal to the Court. I had to engage a barrister to take this, however instructions couldn't be taken from me. Eventually found a solicitor who would give the barrister the instructions. I paid money required at the time for this and was assured that all submissions were being followed and in time. This was about May 2009. About September 2009 a friend who is a legal person found out that my solicitor's firm was closed by the legal services. I wrote to the legal services to ask what is the implication for us as clients to which I didn't get any advice. As I thought however that my papers should have been going through the Court system long before then I continued to wait to receive a call for me to attend Court or otherwise. With time having passed and like I said I have attained the 10 years last year I again pursued the legal services for my file. Only when I received the files I realised that the submission to the Court was not complete as requests for documents etc to be sent back to Court came after the firm was closed. My mother has been here since 1958 and so we have become very close in our relationship for the most part since my first visit here in 1998. The hurtful thing about this saga is that when I was born in 1957 I was British Subject but due to Jamaican independence in 1962 I have lost that status.

I sincerely hope that there is some light through this very dark tunnel that I find myself in at this age!


Expert:  Senior Partner replied 4 years ago.
Thanks, Yes well you are in a mess. If you have know since 2009 that the firm was closed then you are not gong to get much sympathy from the court for join nothing for four years I a afraid. the fact is that if your appeal had been turned down you should have left and if you intention was a judicial review but it was never submitted then you have been here illegally ever since. You may have some mitigation but that is all. You were not entitled to assume that the court was dealing with an application for judicial review not unless you had been told that.

Your best course would be to file an new application asking of discretionary leave on human rights grounds.

It is far too late to appeal the original decision I am afraid.

Sorry.I can see why you do not find it easy to get someone to take your case but you need i think to find a solicitor to help if you are going to stand any chance of success.