immigration lawadmin

Akinola & Anor, R v Upper Tribunal

This is an interesting decision by the Court of appeal which has a major implication for those making an application for leave to remain in the UK under the 10 years long residence rules.
The central issues in all three cases concern the interpretation and effect of section 3C of the Immigration Act 1971 …

They relate in particular to the position under section 3C where an application has been made for variation of existing leave, the application has been refused by a decision of the Secretary of State, and subsequently (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the Secretary of State withdraws and/or reconsiders the decision.

The issues arise in the context of applications under paragraph 276B of the Immigration Rules for indefinite leave to remain on the ground of long residence. In each case, the question of whether leave was extended by the operation of section 3C is relevant to whether the applicant had accumulated the required ’10 years continuous lawful residence in the United Kingdom’.”

EXTENSION OF STAY, IMMIGRATION ACT 1971 S3C, VARIATION OF LEAVE, NOTICE OF APPEAL OUT OF TIME, LONG RESIDENCE, INDEFINITE LEAVE TO REMAIN, CONTINUOUS RESIDENCE, LAWFUL RESIDENCE, RECONSIDERATION, OVERSTAYERS, DISCRETION, DELAY, NIA ACT 2002 PART 5 S 81-117 (APPEALS), NOTICE OF APPEAL, TIME LIMITS, RECONSIDERATION

If you have lived in the UK legally for 10 years, you may be eligible for indefinite leave to remain in the UK even if you have an appeal pending. For more information, please contact Harding Mitchell on 0203 191 8080 or email: admin@hardingmitchell.co.uk alternatively, you visit our website at www.hardingmitchell.co.uk

Criminal Law, immigration lawadmin

Illegal and Unlawful detention

Illegal detention pertains to the arrest done by state actors outside the legal authority. The law in the UK places the utmost emphasis on the freedom of individuals, and anybody who thinks that they have been subjected to unlawful detention has the right to seek a solicitor who can fight his/her right and may seek compensation.

A plaintiff in such a scenario must show that they were detained and must claim that the detention was “wrong.” At Harding Mitchell, our expert solicitors will support your case and take legal actions against the authorities that have illegally detained you.

If you as an individual did not commit a crime and were not guilty of any wrongdoings, then the officers cannot arrest you legitimately. Additionally, you cannot be arrested if the police do it on their mere conviction without any substantial proof against you. If you face any such unlawful detention, please feel free to contact our expert solicitors at Harding Mitchell / Avocat Francophone London, who will be a powerful and trustworthy ally in your fight against the State. We are skilled and very experienced in bringing public officials to account.

As far as unlawful detention regarding immigration is concerned, many individuals are illegally held by immigration officials, typically in country-wide Immigration Removal Centres. The Home Office, which oversees these centres, can be the perpetrator of illegal detention. One can claim compensation for unlawful detention if they have been illegally detained in circumstances where they have an ongoing application for asylum with the Home Office. They can also claim compensation if they are an unattended minor, or a victim of trafficking, or a victim of mental illness or impairment.

If you think you, a relative or somebody you act for as Attorney has been unlawfully detained, contact us today on 02031918080 / 07949265790 or email kalilou@hardingmitchell.co.uk to find out more.

Have you read our article about unfair dismissal ?