A 40-year-old Indian national, who has been living in Britain illegally for nearly 18 years, has lost his latest court battle to stay on in the country and faces deportation back to India.
The man, identified as “Mr Singh” in court documents, arrived in Britain from India in June, 1997 and claimed asylum. His claim was refused and in November, 1997, he was served with “formal notification” that he was “liable to be removed” or deported back to India.
But he stayed on, met a partner and went on to have children, the ‘Shropshire Star’ newspaper reported. He worked in construction and lorry driving, bought a house and launched a legal battle to stay on in the UK.
Details of Singh’s case emerged in a ruling by the Court of Appeal this week when three judges dismissed his latest appeal following a hearing in London. He had claimed his human right to respect for family life had been breached when he was not allowed to stay.
Lord Justice Underhill said in March 2006, the man applied for “indefinite leave to remain” under an immigration rule known as the “10 years’ continuous lawful residence provision” – and under Article 8 of the European Convention on Human Rights, which enshrines the right to respect to family and private life.
That application was not dealt with by the UK Border Agency until October, 2012, said Lord Justice Underhill. Officials then refused the application, saying the man’s residence had “not been lawful”.
The man, whose partner travelled to the UK on a visitor’s visa and was an “overstayer”, then appealed to an immigration tribunal. That appeal was dismissed by a judge in January, 2013. The man then appealed to a higher-ranking tribunal – and that appeal was dismissed by another judge.
The man then took his case to the Court of Appeal and is now likely to be deported back to India.
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