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SETTLEMENT APPEAL REFUSED. WHAT NEXT HELP


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#1 senorita

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Posted 15 August 2008 - 08:22 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
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#2 Chibage

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Posted 15 August 2008 - 08:38 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


What was the date of the refusal & appeal. Was it before the ammendments that make spouses exempt from a ban?? Also what paragraph was he refused under? Can u post the refusal?

#3 Ansar Ahmad

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Posted 15 August 2008 - 08:45 PM

if your legal respresentative feels that there is still an error of law in the decisions passed by the AIT, then yes it is good to knock the doors of High Court

#4 Chibage

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Posted 15 August 2008 - 08:59 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


Senorita if your husband was refused under 3207a or 3207b before the rules were changed and you have already challenged it at court tand lost then i would think that your best option would be to make a fresh application as spouses will not be refused under 320a/b. Please confirm what paragraph he was refused under.

#5 Chibage

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Posted 15 August 2008 - 08:59 PM





#6 twin

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Posted 15 August 2008 - 09:31 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


Senorita if your husband was refused under 3207a or 3207b before the rules were changed and you have already challenged it at court tand lost then i would think that your best option would be to make a fresh application as spouses will not be refused under 320a/b. Please confirm what paragraph he was refused under.


I think anyone can still be refused on paragraph 320 - 7a, non?

#7 Chibage

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Posted 15 August 2008 - 09:38 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


Senorita if your husband was refused under 3207a or 3207b before the rules were changed and you have already challenged it at court tand lost then i would think that your best option would be to make a fresh application as spouses will not be refused under 320a/b. Please confirm what paragraph he was refused under.


I think anyone can still be refused on paragraph 320 - 7a, non?


Yes i think you are right. Maybe the following refusal after that would be under 320 11 or would the ECO have to forget about previous deception by a family member??

#8 senorita

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Posted 15 August 2008 - 10:32 PM

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


What was the date of the refusal & appeal. Was it before the ammendments that make spouses exempt from a ban?? Also what paragraph was he refused under? Can u post the refusal?


He was refused under paragrapgh 320(11)




  • failure to observe time limit and conditions attached to your leave of entry to the UK
  • you stated when interviewed you gained you gained anumber of Nigerian immigration stamps by deception.
  • Therefore I am satisfied that you will not observe any time limit or conditions attached to any grant of leave to enter or remain in the UK


#9 senorita

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Posted 15 August 2008 - 10:35 PM

I would like to thank everyone that have commented on my topic this evening. I await further comments.

#10 twin

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Posted 15 August 2008 - 10:38 PM

320(7a) refers to deception regarding false representation in a current application. So, if one is absolved of previous deception under 320(7c), chances are if they lie on their current application, they would get the maximum punishment of a 10 years ban, anyway.

It would be interesting to know how article 8 plays a part in this if it should happen.

My Husband was refused settlement in the UK, because he overstayed, worked illegally and admiited obtain false entry clearance stamps in Nigeria to cover his oveystay in the UK Posted Image . This happened b/4 we met.

since we met he has tried to do the right thing

he returned to nigeria
we got married
applied for settlement- failed
appealed to ait -failed
applealed again on error of law to ait= failed
is it worth going to the high court?

we mentioned human rights grounds because I receive medical treament not available in nigeria, this was ignored. HELP
_________________


Senorita if your husband was refused under 3207a or 3207b before the rules were changed and you have already challenged it at court tand lost then i would think that your best option would be to make a fresh application as spouses will not be refused under 320a/b. Please confirm what paragraph he was refused under.


I think anyone can still be refused on paragraph 320 - 7a, non?


Yes i think you are right. Maybe the following refusal after that would be under 320 11 or would the ECO have to forget about previous deception by a family member??






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