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  1. #1
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    Default Invalid applications

    Invalid applications

    Some cases:
    BE (application fee: effect of non-payment) Mauritius [2008] UKAIT 00089

    Forrester, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2307 (Admin) (05 September 2008)

    Chowdhury, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 59 (Admin) (24 January 2014)

    Ved & Anor (appealable decisions; permission applications; Basnet) (Tanzania) [2014] UKUT 150 (IAC) (27 March 2014)

    Haq, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 357 (Admin) (23 January 2009)

    JH (Zimbabwe) v Secretary of State for the Home Department [2009] EWCA Civ 78 (19 February 2009)

    US and MV (PBS applicants from same family) Malaysia [2010] UKUT 167 (IAC)

    Merrimen -Johnson, R (On the Application Of) v Secretary of State for the Home Department [2010] EWHC 1598 (Admin) (26 March 2010)

    Walker, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2473 (Admin) (29 June 2010)

    Fu v Secretary of State for the Home Department [2010] EWHC Civ 2922 (Admin)

    Ajayi, R (on the application of) v First Tier Tribunal & Anor [2011] EWHC 1793 (Admin) (01 June 2011)

    Mine & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2337 (Admin) (09 September 2011)

    Kishver (Limited leave : meaning) Pakistan [2011] UKUT 410 (IAC) (05 October 2011)

    Kobir, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2515 (Admin) (06 October 2011)

    Kisuule, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2966 (Admin) (16 November 2011)

    Castro, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 281 (Admin) (03 February 2012)

    Basnet (validity of application - respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012)

    Chowdhury, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 59 (Admin) (24 January 2014)

    Ved & Anor (appealable decisions; permission applications; Basnet) (Tanzania) [2014] UKUT 150 (IAC) (27 March 2014)
    Last edited by Vinny; 5th Apr 2014 at 01:09. Reason: Added old case law.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  2. #2
    Premium Member Gary & Nok's Avatar
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    UKB Page.jpg
    Get 404 Error when clicking the link
    Have I Mentioned That I VOTED OUT

  3. #3
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    Default

    It works okay for me?
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  4. #4
    Moderator Tobias's Avatar
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    Don't worry Vinny, Gary often has problems getting links to display on his computer
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

  5. #5
    Moderator richardb's Avatar
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    And the European Court now thinks fees might in some circumstances be unlawful

    Weekly Legal Update
    Friday January 13th 2012



    1. The European Court for Human Rights

    • 13/01/2012: G.R. v. the Netherlands [Article 13]

    (no. 22251/07)
    The applicant, G.R., is an Afghan national who was born in 1961 and lives in Zoetermeer (the Netherlands). He arrived in the Netherlands in December 1997 to join his wife and two children who had arrived fromAfghanistan five months earlier. A number of requests for asylum refused, he applied for a residence permit for the purpose of residing with his wife and children who had, in the meantime, been granted Dutch nationality. Relying on Article 8 (right to respect for private and family life), he complained about the refusal to exempt him from the statutory administrative charge, EUR 830, required to obtain a decision on his request for a residence permit and which he could not afford to pay. The Court examined that complaint under Article 13 (right to an effective remedy).


    The Court unanimously found:

    -Violation of Article 13 (right to an effective remedy)
    The Court recalled its jurisprudence in other occasions indicating that Article 13 of the Convention guarantees the availability at national level of a remedy to enforce the substance of the Convention rights and freedoms in whatever form they may happen to be secured in the domestic legal order. Further the Court noted that: "The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an ‘arguable complaint’ under the Convention and to grant appropriate relief. The scope of the Contracting States’ obligations under Article 13 varies depending on the nature of the applicant’s complaint; however, the remedy required by Article 13 must be “effective”. In order to be effective, the remedy required by Article 13 must be available in practice as well as in law, in particular in the sense that its exercise must not be unjustifiably hindered by the acts or omissions of the authorities of the respondent State (see, among many other authorities and mutatis mutandis, M.S.S. v. Belgium and Greece [GC], no. 30696/09, §§ 288-290, 21 January 2011). In the light of its decision set out in paragraph 26 above, the Court considers that for purposes of Article 13 the applicant had an “arguable” case under Article 8 of the Convention." Last but not least, it should be noted that the Court concluded that "in the circumstances of the present case, characterized as they are moreover by the disproportion between the administrative charge in issue and the actual income of the applicant’s family, the Court therefore finds that the extremely formalistic attitude of the Minister – which, endorsed by the Regional Court, also deprived the applicant of access to the competent administrative tribunal – unjustifiably hindered the applicant’s use of an otherwise effective domestic remedy. There has therefore been a violation of Article 13 of the Convention".


    Upcoming Judgments of Interest:
    - Takush v. Greece (no. 2853/09)
    - Zontul v. Greece (no. 12294/07)
    - Keshmiri v. Turkey no. 2 (no. 22426/10)
    - Othman (abu Qatada) v. the United Kingdom (no. 8139/09)
    - Popov v. France (nos. 394721/07 and 39474/09)

    For the full text of the judgment please visit ECtHR: G.R. v. the Netherlands


    Richard

  6. #6
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    Thanks, Vinny. Your links are most appreciated. They make an easy reference point without having to trawl through the internet.

    You're a one-man BAILII!

  7. #7
    Premium Member KhunIanB-UK's Avatar
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    The applicant, G.R., is an Afghan national who was born in 1961 and lives in Zoetermeer (the Netherlands). He arrived in the Netherlands in December 1997 to join his wife and two children who had arrived fromAfghanistan five months earlier. A number of requests for asylum refused, he applied for a residence permit for the purpose of residing with his wife and children who had, in the meantime, been granted Dutch nationality. Relying on Article 8 (right to respect for private and family life), he complained about the refusal to exempt him from the statutory administrative charge, EUR 830, required to obtain a decision on his request for a residence permit and which he could not afford to pay.
    Incredible situation, obviously don't know all the facts so preparing to be shot down, but reading that, it reads like someone "playing the system" and winning big time, unbelievable. Hope that my bad thoughts are wrong and they have integrated into Dutch society and with the rights they now have are making a success of themselves and working hard towards a stable future. Will this open up the possibility of anyone without any finances, but plenty of time to push for things, failing a number of requests for assylum (why wasn't he deported after 1 or 2?), but keep on until they are gifted everything? That could scupper Ms May's possible £25K test, "Nope, don't earn anything and no savings, got no Money-box, just an X-box, I'm long term unemployed and it's not fair to expect that from me being so hard up, oh and by the way I can't pay for the Settlement Visa, so why not just cut the **** and give my missus Citizenship and free flights, we's in love after all and we's got RIGHTS!"

  8. #8
    Moderator Tobias's Avatar
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    Ian, you need to look past the 'how' this chap arrived in The Netherlands and concentrate on the:

    ".. it should be noted that the Court concluded that "in the circumstances of the present case, characterized as they are moreover by the disproportion between the administrative charge in issue and the actual income of the applicant’s family, the Court therefore finds that the extremely formalistic attitude of the Minister ... unjustifiably hindered the applicant’s use of an otherwise effective domestic remedy. There has therefore been a violation of Article 13 of the Convention"

    This is very significant not just to asylum seekers but members here who cannot afford the no insignificant immigration fees!
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

  9. #9
    Premium Member KhunIanB-UK's Avatar
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    Yep, hence the "tongue in cheek" last bit of my post.

  10. #10
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by Tobias View Post
    Don't worry Vinny, Gary often has problems getting links to display on his computer
    I have even now ditched Firefox (last update gave me to many headaches) in favour of Chrome and still have problems
    Have I Mentioned That I VOTED OUT

  11. #11
    Rookie มือใหม่
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    Hi, Richard. Thank you for posting that very interesting excerpt.

    I tried your link to read the full judgement but I got this head-scratcher instead...

    msxml4.dll error '80004005 Required property does not have a valid value.
    /tkp197/xml.inc, line 84
    Could be the latest Chrome update which has been creating endless havoc, I've never come across a result saying something like that before, though...

  12. #12
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    We do not inherit the Earth from our ancestors; we borrow it from our children.

  13. #13
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    If you had an in-country application declared as invalid due to payment problems, then see also Basnet (validity of application - respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012).

    Do keep a copy of your application, including payment details, for your records.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  14. #14
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    We do not inherit the Earth from our ancestors; we borrow it from our children.

  15. #15
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    We do not inherit the Earth from our ancestors; we borrow it from our children.

  16. #16
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  17. #17
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    UKBA – 28 days grace period (aka a red herring?):
    Invalid applications are returned for various reasons, but the most common one we have found is an inability for UKBA to take the application payment.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

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