"Liable to Detention" / "Failure to Report" / "ISE343"

ISE 343“Liable to Detention” / “Failure to Report” / “ISE343”

19-04-2013
Got a nice letter in the post today…
Wife got a nice letter in the post today: ISE343 from Homer Road.
I called the Home Road number on 01217133229.  I spoke to a lady on the desk, in the Enforcement department.
Firstly I recorded the call (as I record ALL calls I make/receive to anybody)
The lady was pretty rude, and didn’t do any security checks…  Obviously the call recording wasn’t notified so I cannot share it with a third party… (because that would be a tort – and I am aware I could be taken to court for such – as I didn’t notify her of the call recording before doing so.  My MP is acting on my behalf, and is therefore not a third party.  The same is true for solicitors.  And here’s the thing: Call recordings [even if unnotified] CAN be used in a court of law as evidence!)
1) Basically, she said that my wife falls under Immigration Act 1971.
2) UKBA are withholding my wifes passport and WILL NOT be returning it.
3) She is going to end the call because I’m holding up other people.
I therefore first emailed Rob Whitemans office, and thought I would try calling (again).  The call this time actually got answered by a rather polite man Ollie.  I felt a little bad with the way I had spoken to him, but I was a little bit P’d off with the way I had been spoken to by the previous woman. (I did however appologies).
I outlined the facts, discussed my case – he assured me that he knew our case was being looked into – although he personally had not had involvement – he was well aware of myself and that I had emailed a few times a day for the past few weeks. He clearly outlined that it might speed things up for a response if I held off with the responses (although he understands I am within my rights to email as much as I wish).  Since my emails keep raising new concerns it means that a draft response has required numerous ammendments so this is slowing down a response.
He has said he hopes a response can come through today, but as a new email has just came through it might need looking into, so hopes a response can be sent by very early next week. (Which he again appologied for and said he understands that the weekend will be a long wait but unforetunately he cannot respond directly).
He noted that my wife is not attending on 24/4/13 for the reason that our daughter attends nursery the requirement to report affects my childs welfare (education is part of my childs welfare).  – He agrees that the circumstances mean my wife’s reporting is difficult ETC.
I then went onto say “I know that a reporting restriction is an alternative to detention.  I also know that detention is only possible when removal directions have been issued, which as far as I’m aware have not been done so…  If they have been issued can you ensure you send us written notice of this… Because if they have been issued, I will on that basis continue onto Judicial Review now…”

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *