Families left behind...
For families who face prolonged detention and often eventual removal of a loved one from the UK, the strain can be unbearable. One detainee below writes of the struggles they and their family face while they await planned deportation from the UK. Identifying information has been removed to ensure their privacy. If you or someone you know wants to share a similar situation or be put in touch with others going through similar ordeals please get in touch, we feel it is imperative that voices of those directly affected by the 'Deport Now, Appeal Later' policy are heard by the British and International public. Separating families in this manner is a shock to most as it is not an action of the UK Home Office that is widely spoken about or publicised.
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''As a person who has a certification under section 94B in which Home Office denies me the opportunity to raise my human rights arguments within the UK (Deport First, Appeal Later).
This has presented grave obstacles for my Family and I. My Wife and I have been together since **** and Married in ****in ***** (Church Of England), we have two beautiful kids who were both planned during the course of our relationship. My wife has stood by me throughout my incarceration and took my kids to **** prison to visit their dad throughout the year, as a mother this was against her beliefs and did not want the kids to be in such an environment, but she knows how those kids feel about their dad, especially *****. I am the only father they know and mums knows the importance of that.
As a Family we have been appalled at the particular issue that our british childrens' (Article 8) rights have been completely ignored or were not given any due consideration in this process. We had no legal advice when I was certified under section 94B and if it wasn't for my wife, I would now have been deported. My wife had to borrow money so that We could get legal representation which would make me one of the lucky ones to put our case forward.
A decision made on ****** by Upper Tribunal Judge ***** clearly states that the Home Office (immigration) has acted unlawfully in certifying applicant human rights claim pursuant of Section 94B. The Home Office has failed a law abiding citizen who is hardworking and two beautiful innocent kids stating in my deportation order that they must leave work, school and nursery because we can go and make a life in South Africa. All of this heartache and stress could be avoided if someone sat down with me to discuss my home situation or family situation in the UK, Given that our british children are involved and not forgetting our marriage and the fact that we have been in a relationship since March 2004 and have lived in over 3 addresses all of which we have evidence of, in addition to my children's birth certificates and our marriage certificate.
However its *** 2016 and I'm still being held in a detetion centre, whilst my Wife is a single parent out there with Two kids who has given her all to bring their dad home. I would like to elaborate more on the daily and future struggles that a single parent with two kids would need to provide. The single journey's to school and nursery every morning, and collecting in the evening, returning home to singularly ensure they are fed, homework, cleaning and providing their safety at the same time. All that and additionally maintaining her work commitments and anything that might needed to be provided on a daily basis. e.g. We awaiting our sons chicken pox anytime soon, my wife could only take a certain amount of days off work before it could jeopardise her job.
Whilst I'm being kept in detention, I've had calls from my family/kids which concerns me, they called and said they could hear someone in loft, or noises, who did they call ? their dad. My wife said she so stressed that she forgot to take the garbage out the garage for collection and found the bags to have rat holes in them, which means we have rats in the garage that could potentially end up being an infestation that leads to their sleeping quarters. My marriage to the mother of my children is in jeopardy, because I cannot appreciate the struggles she faces daily or she feels as though I'm not there or the fact that I cant do anything regardless of what she needs and vice versa, which means communicating on daily basis has become depressing, we are at the point where it all feels hopeless.
My wife is ***years old, and she has needs and under the current circumstances those needs as a mother and wife are enhanced due to her daily struggles. The worst concern at this moment in time is my 10 year old, she has just got her travel pass so she can start making her own way to school, If anyone human a mother a father out there can hear my cries as father, that's my little girl, I am having nightmares of her abduction. I know that journey to her school because I started taking her from the age of 5 when she was in reception and the thought of her making it on her own is terrifying.
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Yes, I take full responsibility for my actions which got me to prison, and I accepted my custodial sentence and appreciated the assistance I received from stepping through those doors. I have never been convicted of any violent crimes or any public order offences. Throughout our visits in prison, my wife was happy I'm getting the needed help to curb my drug addiction, and deal with my dark emotions to better our family life.
I was punished for my actions, but the actions of Home office is now punishing them, the innocent parties. All they want is their Husband and father home. But its all been in vain and £3.500 later nobody is hearing her/our cries. We are now in the process of an eviction at our home address, which is very concerning, because not only is their an attempt to being seperated, but i'm now going to leave my family homeless and in a worse position, and its troubling,very troubling. My son ****is showing signs of rebelling due to my absence, he don't listen to his mum and his showing behavioural concerns e.g. kicking his mum. My daughter **** is at the stage where she would need to make her own way to school.
I'm not sure of the process how immigration deal with these cases, however I've never been contacted by my caseworker. A second decision made on ***** by Upper Tribunal Judge **** never reached me in detention , never reached my home address or our Solicitor and led to us missing the deadline to appeal thus leading to my case being concluded with no challenge. Planned or not we'll never know but this has led to prolonging my detention and our situation, but the caseowner stated that its my responsibilty and that everything still stands as planned regarding my removal. Basically I received a Flight before my Judicial Review Decision. I am in detention and have been for last **** months, they cant ensure that the procedures will be fair and just, when I'm in detention in the UK and a important JR decision could not reach me/us. My wife has been visibly stressed her face comes up in rashes because the burden and attempt to leave her in this position, and I will stand by her just as she has stood by me.
The Home Office is shamelessly attempting to seperate our family, break up our marriage and leave my kids fatherless and no legislation should be allowed to excercise this.''