Balajigari / 322(5) JRs - Consent Orders - there seems to be a potentially huge problem for those people who have left the UK having been refused leave and lost the AR. They are arguably been discriminated against. This is because the Consent Order says that the decision will be quashed. In law this means that the outstanding application will be treated as withdrawn (paragraph 34 of the immigration rules), therefore leaving nothing to be reconsidered...even if this is not the case there are a number of other factors that hinder those who left. This seems unfair - the HO said they left voluntarily and so made a choice. This is half the picture. The AR refusal comes with an enforcement notice saying leave or you may face prosecution and /or imprisonment. Those who stayed, without leave and without permission, however, once the decision is quashed will get their S3C leave back and that's just for a start...What is the HO going to do? They have a system for bringing back successful ETS out of country appeals - why not apply it here...see me discuss and other issues. Please watch, subscribe and comment.
Balajigari |322(5) JRs - Consent Orders - detailed look at what faces those who have left UK
Balajigari / 322(5) JRs - Consent Orders - there seems to be a potentially huge problem for those people who have left the UK having been refused leave and lost the AR. They are arguably been discriminated against. This is because the Consent Order says that the decision will be quashed. In law this means that the outstanding application will be treated as withdrawn (paragraph 34 of the immigration rules), therefore leaving nothing to be reconsidered...even if this is not the case there are a number of other factors that hinder those who left. This seems unfair - the HO said they left voluntarily and so made a choice. This is half the picture. The AR refusal comes with an enforcement notice saying leave or you may face prosecution and /or imprisonment. Those who stayed, without leave and without permission, however, once the decision is quashed will get their S3C leave back and that's just for a start...What is the HO going to do? They have a system for bringing back successful ETS out of country appeals - why not apply it here...see me discuss and other issues. Please watch, subscribe and comment.
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