Case No. UKUT-00015-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00015-(IAC)

Fecha: 22-Dic-2016

Chronology

3. The following are the main milestones in Mr Chin’s immigration history: (a) He resided lawfully in the United Kingdom between February and June 2001. (b) In August 2002 he was admitted to the United Kingdom as a visitor for a sojourn of six months. His wife had entered the United Kingdom two days previously with a visitor’s visa valid for six months. (c) In November 2004 the couple’s two children (both now of adult age) were granted leave to enter as visitors for six months. (d) On 18 July 2005 Mr Chin was granted a BOC passport with a period of validity expiring ten years later. (e) The two children and Mrs Teng resided unlawfully in the United Kingdom from May 2005 and March 2006 respectively. (f) In December 2004 Mr Chin’s solicitors submitted an application for indefinite leave to remain in his behalf and, in April 2006, they included his spouse and two children, as dependants, in this application. (g) On 23 November 2006 Mr Chin relinquished his Malaysian nationality. (h) The aforementioned application was refused in June 2007 and Forms IS/151A were prepared in respect of all four persons – but, evidently, not served. A period of three years inertia followed. 4. At this point in the tale Mr Chin acquired a significant criminal record. On 17 June 2017 he was convicted upon indictment of customs and excise offences and, on 01 September 2010, was sentenced to 30 months’ imprisonment. Next, on 25 November 2010, Mr Chin was invited via the usual form of notice to make representations against his possible deportation. This was followed by a reconsideration of the indefinite leave to remain on compassionate grounds application, yielding a further refusal decision based on Mr Chin’s offending, under Rule 322(5A).