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…
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.