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Ltr Refused, Application Certified As Unfounded. Advise Needed Please.

settlement no right of appeal certified as unfounded

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#1 bounty100


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Posted 31 August 2015 - 06:47 AM

Posting on behalf of a friend.


Issue: Application certified as clearly unfounded under

Section 94(1) of the Nationality, Immigration and Asylum Act 2002 which means that I may not appeal while I am still in the U.K.


Summary:  Am a Nigerian 'F' who came here in 2002 clandestinely and has remained here ever since.  

Partner entered the U.K. in 2004.  We are both in our mid 40s.  We have no children between us but from our previous marriages.

In June 2010, we submitted application for leave to remain under article 8 of the ECHR and it was refused in August 2010.


In June 2012, we requested reconsideration of our application to remain in the U.K. on the basis of my family and private life in the U.K.  This was finally refused in August 2105.


Any idea what my options are?

I have made U.K. my home and I have no where to go to.


I look forward to hearing from you all soon.


Many thanks in anticipation.



#2 Susi


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Posted 31 August 2015 - 08:27 AM

What nationality is your partner? If she is also Nigerian and as you have no children together, the Home Office will take the view that you would be able to have a family life in your home country. The 'right to family life' doesn't say that it has to be in the UK unless there are other strong family ties here. 

#3 bounty100


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Posted 02 September 2015 - 03:00 PM

Hi Susi,


Thank you for reply, much appreciated.


The Main applicant is a woman and her partner is also a Nigerian.  

They have strong family ties here (The main applicant has two sisters here and their children.  Her partner has a brother here) not sure if that is strong enough for HO consideration.

The HO suggested she can claim asylum in person as a result of a claim in which she said that she was running away from her ex-husband who threatened to kill her and has subjected her to domestic abuse over time.  She included a photo in which she was badly beaten along with her application as evidence of this .

Do you reckon she do this?


About two weeks following her refusal, she was sent a letter asking her to be reporting to sign in at London Bridge.


I look forward to any advice.


Kind regards.

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