As a direct access immigration barrister I am often the last port of call before removal and this case was no exception. Happily it had a very happy ending. However I stress from the outset that the client and his family did exactly what I asked of them and trusted me. The client had a friend who thought better and remains in detention.
I was recently instructed under the direct access scheme by a man facing removal in a matter of days for a conviction involving the use of a false document. Just hours before my client was due to be removed from the United Kingdom, I filed an application for judicial review following fresh representations which, after some liaising with the Chief Immigration Officer in charge of the flight, stopped his removal from the United Kingdom as a result of an order by Upper Tribunal Judge Canavan.
A few days on from this and I was able to secure bail before an Immigration Judge without the need for any sureties.
Fast forward three months and add in an unsuccessful attempt by the Secretary of State at an appeal hearing trying to prove that my client’s relationship with his European partner and their 8-month-old daughter was a sham, and my client now has a residence card as the spouse of an EEA national and is enjoying a family life with his wife and daughter as well as running a successful business as a couple.
The case stands out for the speed with which the process went from the runway of the deportation flight to the grant of a residence card. This was a case, like all immigration cases, that required careful, fast and efficient preparation in order to convince an Upper Tribunal Judge to grant a stay of removal directions and to do so in the confines of the time limits of the removal directions; doubtless to say that a poorly prepared case that was not supported by the right evidence could have had a very different result and led to an untimely ending.
If you are facing removal from the United Kingdom and need legal assistance, please do not hesitate to contact me and my team; we are able to work quickly and efficiently in order to deserve results where time is against you.
There is rarely a case which had such poor prospects when it came to me and which ended so well. When the client turned up, or rather his ex partner called me, he was in detention and due for removal. Yet by listening and acting on my advice, we were able get him off the plane, get bail with no sureties and win his appeal. What was the icing on the cake was they granted him a visa soon after the appeal was won.
His was a text book case as to how to do a case at the last minute. What made matters worse was that they had been to other solicitors first and they had advised the poorly and hidden certain document. The first thing I said was why was this document not shown, the response, the solicitor did not think it important. It was a key document, showed the marriage (which had a baby) which genuine.
I was shocked at how much they had been charged and how much damage had been done. I cannot stress how important it is to see a proper lawyer and get proper advice. I am running extra surgeries throughout January and offering discounts to those who want to get their cases going.
As noted at the beginning this client had two friends, one who is now out and we are waiting for an appeal. He is happy enough and I assume he will win. His friend thought he could save some money and do it himself. He has just spent Christmas and New Year in detention away from his wife and children.
Paul Turner is a highly regarded direct access immigration barrister and is the head of Imperium Chambers, Grays Inn Buildings, Grays Inn, WC1r 5ET, he also practises from Goldsmith Chambers, the chambers of Anthony Metzer QC and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to litigate and to provide advice and representation directly to the public.