To recap from the 1st June post, where I outlined the current situation regarding my immigration at the present time- (a) submitted an appeal to the Upper Tribunal Immigration & Asylum Chamber on the 28th August 2014, (b) never heard back from them (c) only to chase down the application I submitted to be told last month by someone from the customer service side of the Upper Tribunal that the application I submitted was ‘lost’ and then adding insult to injury, the same person made a snide comment that perhaps I never submitted the appeal application in the first place!
Of course, as I shared with all of you on my 1st of June post, I not only had a copy of the appeal application I sent to the Upper Tribunal, but also the fax confirmation slip that indicated that the fax transmission was “ok” and was received on the 28th August 2014. I submitted early this month via e-mail to the Upper Tribunal both a copy of the appeal application and the fax confirmation slip. Then while trying to enjoy a quiet birthday, a representative from the Upper Tribunal rang to notify me that they were able to locate my supposedly ‘lost’ appeal application and that they would be handling this application as a matter of ‘urgency’.
Throughout this entire matter, I have represented myself against the Home Office and it has been a daunting and emotionally exhausting process. There is no legal aid for immigration cases as a result of cuts to legal aid that began in April 2013. Last week I was able to get advice from a kind activist friend who has represented asylum seekers and refugees and he indicated the following:
“[…] if your appeal was in time, it may be arguable that you have held section 3D leave all along, which would mean you’ve now completed 10 years’ lawful residence (which means you could make an application under rule 276B). Whereas if your appeal is deemed out of time and your leave is deemed to have expired in August 2014, that wouldn’t be the case. It may not help either way, because a 276B app costs £1500 and you would have to make it within 28 days after the UT’s decision. […] I am sorry I’m not giving better news: the immigration system is a pile of shit and we’re out of options.”
To break this bit of news in lay terms, because of their own fuck up, if the Upper Tribunal decides that my appeal application, although lodged in time, is now suddenly deemed “out of time” for consideration then that would make me an ‘over-stayer’ and I would have very limited recourse to challenge this faulty decision. I would also have to cough up £1500 within 28 days to challenge the Upper Tribunal ruling.
Through the help of Goldsmiths Student Union Welfare and Diversity Officer, Bahar Mustafa, the Justice4Sanaz campaign has been hard at work trying to raise the necessary funds in order to (a) get legal support and (b) have money to file a 276B application that costs £1500.
We would be grateful if you could donate any copper in your back pocket to help maintain and sustain the campaign as we embark upon our next fight against detention and possible deportation! We know how fast the Home Office works in order to isolate and deport people– case in point, the recent plight of Majid Ali. For this reason we need to work together in a consistent and diligent manner in order to do as much damage control before things get any further out of hand.
Say it loud…say it proud: Justice4Sanaz Here To Stay, Let’s Deport Theresa May!!!