Hearing 05/12/13

This hearing is the result of:

  • a public law barrister submitting a 77-page application for Judicial Review that challenged the immigration issue; in particular the fact that the immigration lawyer had withdrawn an appeal – and told her only 5 minutes before the hearing;
  • the barrister would have had his costs paid, if he had won; but I paid £60 court fee and the application was refused;
  • however, continuing to follow the advice of the Senior Legal Manager at the Admin Court, we, as the Association of McKenzie Friends, submitted 3 Notices of Renewal.

Despite this hearing, two orders had been made that were ‘no bar to removal’.

Due to ‘technicalities’ aka rules and procedures that don’t account for voluntary McKenzie Friends jumping in where professionals leave off – especially on behalf of prisoners – we could not meet the deadline imposed by the ‘removal arrangements’.

So she got deported and dumped – despite these reasons we put before the clerk of the Queen Bench duty judge – out of hours. But only solicitors and barristers are accepted out of hours.

The judge failed to consider the facts before irrationally concluding his observations:

  1. The Applicant is disabled and no arrangements have been made for reception and rehabilitation.
  2. Family proceedings are pending: an Application for Contact was signed for on 17 July 2013 by Mr Kam at the Principal Registry of the Family Division and is waiting for action.
  3. The hearing for the Judicial Review scheduled for 05 December 2013 will address family issues inter alia.
  4. There is no basis to deny contact with the child since the Applicant has not committed any crime against the child that has been proven to be hers – and not as alleged for the criminal conviction.
  5. No Court has properly and adequately determined the welfare of the child in accordance with the law.
  6. The Removal is against the policy of the Home Office not to carry out deportations, while family proceedings are in place.

The Applicant’s MP Therese Villiers promised on 09/09/2013 to write to the Home Office as soon as possible to address the Applicant’s issues.

In the morning I just didn’t have the energy to go to the court, while Melissa was in Heathrow. She had said “this thing can be turned round until 10.30.”

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