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long shot but can anyone point me in the right direction re: distribution of information, European law, discrimination, immigration law (outside UK) etc

4 replies

WelliesAndPyjamas · 23/06/2008 13:38

Such a long story so will not go in to detail yet. Basically, I am on the verge of having to leave the country I have moved to because information on a new visa and immigration law was not made public and we were not given notice by the Ministry of Foreign Affairs that we needed to make a new application. And now they say it is too late. Am trawling through their website now looking for anything to support our case but would really appreciate any pointers from anyone who knows whether a non-EU government needs to comply with any european and international rules on distribution of information on important matters like this, particularly if they are keen to join EU.

And breathe.

Very big TIA!

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Lilymaid · 23/06/2008 13:52

Not sure whether this site will help, but you can trawl through what is available on EIN Electronic Immigration Network (check the Resources Database which is available to non-subscribers). You may also want to have a look through the Council of Europe database for any European Conventions on this topic - I would imagine the State that you are having problems with will be a member.

WelliesAndPyjamas · 23/06/2008 13:59

Thanks for those links, lilymaid! And for replying! very much appreciated. Will try EIN now.

Have already started on the council of Europe site. This is not an EU country but the ministry website says that it 'particpates' with council of Europe. Not sure what that means and am really not sure where to start looking.

There are no public bodies here that will advise us in this situation. My local 'office for foreigners' have told me 4 different versions of what we need to do and now say they don't know what to recommend. So I'm travelling to the capital tomorrow with 4 yr old DS to tackle them there, on the British Consulate's advice. Real David and Goliath stuff. But want to go prepared with some knowledge on rights at least.

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hatwoman · 24/06/2008 20:44

WAP - international law won't help you at this stage. as lilymaid points out on the other thread there is a possibility (quite a high one, I would argue, if you are at risk of being thrown out of the country on what amounts to a technicality) that what you are experiencing could breach your rights under the European Convention on Human Rights (possibly the right to family life - if, for example, you have been in the country for a long time, or the right to a fair hearing, or, conceivably the right not to be discriminated against)- however you can;t take a case to the European Court on Human Rights until you have exhausted all domestic avenues. you need to speak to a good local lawyer.

WelliesAndPyjamas · 25/06/2008 12:07

thanks hatwoman
I missed your reply last night in my tiredness, sorry. I understand what you are saying and it makes sense. Like I said to Lilymaid on the other thread last night, it is quite literally a catch 22 situation that we are in. I spoke to the minister himself yesterday (after a day of being sent around tons of ministries/offices/staff) and he has asked our local office to look at our case again. I hope that this is a good sign. Fingers crossed.

It has accentuated for me once more how very lucky we are in the UK to have organisations like the CAB and easy access to basic information from government. I'm seriously thinking of looking in to getting some people together and setting up some sort of NGO to help citizens access information. The number of stories I've heard about people being sent in circles and given bad information is unreal. Not surprising to certain extent in a post-war country (which should tell you where we are!) but it's 13 years on now and I'd say that we are ready for better information access.

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