Childrens Rights – How Relevant for Zambrano…

Childrens Rights – How Relevant for Zambrano…

30-03-2013
United Nations Rights of the Child, and Civil and Political Rights, Article 24 of TFEU – Childrens Rights
From: My @ email To:[email protected]” ; “[email protected]” ; “[email protected]Cc:[email protected]Sent: Saturday, 30 March 2013, 6:28 Subject: Return of Passports / Further Information

name address
Sat 30th March 2013.
FAO: Paula Scott / UKBA
CC: Nadhim Zahawi
* MP Ref:  m
* Home Office Ref: (Its a long reference)
Perhaps (well, no, I am actually pretty sure that) the following should also be taken into consideration, when UKBA consider Zambrano…
The United Nations Declaration of the Rights of the Child http://www.un.org/cyberschoolbus/humanrights/resources/child.asp
Specifically Article’s 1 and 6.
In addition to the specific statement: “to the end that he may have a happy childhood “. (We all know children prosper with both parents present.
6. The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.
As I a request has already been sent for my wifes application to be processed with urgency, and you have recieved numerous requests for our travel documents etc to be returned, I cannot see the hold up with complying with either a written statement of why you will not process the application with urgency, or indeed process the appliction.
Please inform us of what stage my wifes application is currently being held…
Obviously, with all of the evidence, and the level of dependancy on my wife by three British Citizens (two children and one adult – myself) I do not see what the issue is with confirming her right to reside by way of a DRC.
And even more so, As obviously, my wife is the Primary Carer for both children. The Declaration of the Rights of the Child states that you cannot seperate the mother and young child.
I understand that UKBA are also aware that should the application for a DRC be refused, upon appeal the ruling would be over turned. – following on from the guidance refered to in previous messages in relation to the Ex1 for the FLR application…
So, Once again, I repeat:
Please return all documents held by UKBA. This is not a request to cancel the application for confirmation of my wifes right to reside but simply to return all documents held. Including Passports / Marriage Certificate / Birth Certificates ETC.
The United Nations INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS states in Article 12 the following:
Once again I refer to the restrictions imposed upon my wife stating that she must reside at [XXX Address]. This appears to breach Article 12.1
And Article 12.2 appears to be broken by UKBA withholding our passports. A person is not free to leave a country if they cannot obtain their passport, which has been held unlawfully.
Yours,
W P

—————————

Subject: Re: Return of Passports / Further Information
From: ME @ Mine . COM
To: Me @ Mine; [email protected]; [email protected]; [email protected];
Cc: [email protected];
Bcc:
Date: Saturday, 30 March 2013, 15:08
Name and Address
Sat 30th March 2013.
FAO: Paula Scott / UKBA
CC: Nadhim Zahawi
* MP Ref: m
* Home Office Ref: (Its a long reference)

In addition,

Arcticle 24 (of charter of fundamental rights of EU)
Rights of a Child:
Reads as follows:
2. In all actions relating to children, wheather taken by public or private instistions,the child’s best interest must be a primary consideration.
3. Every child shall have the right to maintain a personal relationship on a regular basis and a direct contact with both his or her both parents, unless that is in contrast to his or her best interests.
yours, W P

My complaint is passed over to the reporting centre

Finally a response… but is it of any use?

04-03-2013
Referal of points raised to the reporting centre…
Subject: FW: Complaint as to IS96 reporting conditions
From: Liverpool Euro Passport Returns ([email protected])
To: My @ Email
Cc:
Bcc:
Date: Monday, 4 March 2013, 15:37

Dear Mr P,

Thank you for your emails.

The points you have raised regarding your wife’s reporting restrictions and the incidents referred to upon her reporting have been escalated to colleagues at the reporting centre. I have requested they respond directly to you on these matters.

 

Kind Regards,

 

Paula Scott
———————–

Subject: Re: Complaint as to IS96 reporting conditions / Failure to return supporting documents.
From: My @ Email
To: [email protected]; [email protected]; [email protected]; [email protected];
Cc:
Bcc:
Date: Wednesday, 13 March 2013, 6:28

 

Name
Address
Dear Sirs,
FAO: Paula Scott, Senior Caseworker.
I am writing to you in regards to the application of my wife: Mrs x
Royal Mail Package: x (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
As I raised the initial complaint about the discrimination my wife has recieved from your colleges at the Solihull reporting centre on the 7th Feb, it appears that your own guidelines to respond to the complaint have not been completed. Neither myself, nor my wife have recieved any response in relation to the clear discrimination that she has endured at the reporting event on the 7th Feb 2013.
Also, further to this, even more evidence ascerting my wifes right of residence within the country – and therefore confirming that my wife should no longer be required to sign comes in the form of the following FOI response from your own Euro team:
See Annex A and Annex B – Q3 ETC.
Further to this I note that the supporting documents sent with my wifes application for a DRC have still not been returned – this has exceeded 20 working days now. And on this basis I am lodging a formal complaint in relation to this also. – As stated previously – UKBA are not required to withhold the passports of myself, my daughter or even that of my wife to process her application for a Derivative Residence Card. The fact that a COA was sent out to my wife confirms that you accept that she has a right to reside within the UK under a basis of EEA law (see document above).
Should a satisfactory response not be recieved within the next 7 days, I will be contacting my MP with regards to refering the complaints onto the Parlimentary Ombudsman.
I also attach a copy of my Disability Blue Badge – you can contact Warwickshire County Council should you wish to confirm the validity of the badge – As you are surely aware, (and if not then see: http://assets.dft.gov.uk/publications/blue-badge-scheme-local-authority-guidance/blue-badge-scheme-local-authority-guidance.pdf) The criteria for an award of a Blue Badge is to have a disability which renders somebody virtually unable to walk. On this basis – Along with the authorisation previously granted to contact my doctors, I provide this as evidence that it would not be in the best interests of two young BRITISH CITIZEN children to require that I assume the role as a primary carer.
Despite the UK’s interpretation of EU Law, we are also well aware that Case C-34/09 states that a member state cannot remove a parent which the child is dependant upon – with no mention of Solely ETC.
Finally, I would request that my wifes application is processed ASAP. and that all documents are returned to us ASAP – as previously promised by yourself!
I refer to Chapter 10 of your guidance notes:
Section 1 – If you are unwilling to process my wifes DRC application as a priority case, please explain why in detail… You have all documents with you, should further reports be necessary, you can contact my GP, my Daughters Nursery – [Nursery Name, Address and Tel No.]
I have previously stated to yourselves that my need for my passport is to enable me to travel to engage in my business interests in Ireland. When travelling into another EEA member state I am required to travel with sufficient identification to confirm my right to exercise my treaty rights enshrined within Directive 2004/38/EC. I am aware of the CTA agreement with Ireland and the UK. However I must STILL BE ABLE TO CONFIRM MY IDENTIFICATION.
I have stated previously, and repeat AGAIN – withholding my documents and that of my family members – INCLUDING MY SPOUSE hinders my rights enshrined within Directive 2004/38/EC.
On this basis: I request that the documents you hold of my family members are returned along with my own passport ASAP – Should you require us to return my wifes passport to issue a RC that can be done when required.
Yours,
Mr W P