Student was deported as reprieve went unheeded
A student was deported to India despite a judge issuing an 11th-hour order that his removal should be postponed.
Ram Godhanya was flown out of the UK at the end of July, only to be allowed back to his home in Leicester a month later following further legal intervention.
He is currently fighting for the right to complete his studies here.
His supporters believe the decision to deport the 29-year-old was illegal because a judge had issued an emergency injunction which ordered his removal to be delayed pending a court hearing into his right to be in the UK.
Business Cards From Only £10.95 Delivered www.myprint-247.co.uk
View detailsOur heavyweight cards have FREE UV silk coating, FREE next day delivery & VAT included. Choose from 1000's of pre-designed templates or upload your own artwork. Orders dispatched within 24hrs.
Terms: Visit our site for more products: Business Cards, Compliment Slips, Letterheads, Leaflets, Postcards, Posters & much more. All items are free next day delivery. www.myprint-247.co.uk
Contact: 01858 468192
Valid until: Wednesday, May 22 2013
Mr Godhanya has been in the UK on a student visa since November 2009 and had been granted permission to remain here until 2014.
However, the Home Office revoked his right to stay when the college he had hoped to study at closed.
Being enrolled on a Home Office-approved course is a condition of an overseas student's right to remain in the country.
His lawyer said a misunderstanding arose when written requests to Mr Godhanya to clarify his intentions went unanswered because they were sent to his former address.
Because he did not tell officials he had been accepted on a course at another college – and had paid his tuition fees – he was declared to have illegally overstayed in the country.
The UK Border Agency detained him at his new home in Moira Street, Belgrave, Leicester, in July and told him he was to be deported.
While he was in custody at Heathrow Airport, his lawyers secured an emergency court injunction which ordered that his removal be postponed pending a further court hearing.
However, despite the court order, he was put on a flight to India.
Following further legal representations, the UK Border Agency arranged for him to fly back to the UK last week.
His immigration status is expected to be settled at a hearing in the High Court in Birmingham in the next few weeks.
Mr Godhanya, who comes from Chandravda village in the state of Gujarat, has been studying English and hopes to study accountancy in Leicester.
He said: "I was very scared when I was taken from my home. I am glad to be back in Leicester and I just want to be able to go to college."
City councillor Mian Mayat, who supported Mr Godhanya, said: "There was a court order which meant he should not have been deported but for some reason it was utterly ignored.
"It was a very distressing experience for him and it does raise questions about the way the UK Border Agency has handled this case."
Mr Godhanya's lawyer, Sanjeev Sharma, said: "It was either miscommunication or the Border Agency officials ignored the order.
"The injunction was granted by an out-of-hours duty judge. Everything happened at the last minute."
A spokesman for the UK Border Agency said: "This case is subject to legal proceedings, so it would be inappropriate for us to comment."
Comments
by garyb2011
Saturday, September 08 2012, 7:40AM
“Westcotes
'Sitting on the fence' - in what way? - I answered your questions. As for compensation - there is no suggestion that he is seekimg compensation”
by Westcotes
Saturday, September 08 2012, 1:51AM
“by garyb2011,
Stop sitting on a fence and make a prediction. What do you think the outcome in the High Court is going to be? Going by what you have been saying, it is going to be déjà vu for him.”
by garyb2011
Friday, September 07 2012, 7:43PM
“Westcotes
They detained him when they found him - he had moved. We don't know whether he told them that he had moved but I suspect he did not
He failed to tell them he had found a new college thus breaching his rights to be here. The fact that the 'college' had closed suggests many things about the quality of the establishment.
As a visitor he has an obligation to keep the authorities informed. End of. The fact that a last minute court order was obtainied is in keeping with the theme of the case.
If he is unhappy - he has a choice - stay or go.”
by Westcotes
Friday, September 07 2012, 6:21PM
“by garyb2011,
Maybe simple for you but I failed miserably at school!
So let me get this straight.
"The UK Border Agency detained him at his new home in Moira Street", so they knew where he was all along. However they sent requests to clarify his intentions to his former address.
"UKBA did not follow proper process"
"Court Order was to prevent his deportation until the case could be heard"
Going by what, by DonHenson, is saying. It seems UKBA are a very expensive outfit!
What do you think the outcome in the High Court is going to be? How much compensation award?”
by garyb2011
Friday, September 07 2012, 12:34PM
“Westcotes
I imagine he was flown to India because that is were he is from.He was flown back because the UKBA did not follow proper process in deporting him.
The Court Order was to prevent his deportation until the case could be heard.
Simple enough to understand now?
I bet he wishes that he had kept everyone informed now. I wish he had as it would have saved us a load of cash.”
by Westcotes
Friday, September 07 2012, 10:24AM
“by garyb2011
No, it's not clear, sorry education was never my strong point.
Still have a few questions, please explain:-
1. Now why would UK Border Agency fly someone to and fro to India?
2. What was the purpose of a court order and why was it ignored?”
by DonHenson
Wednesday, September 05 2012, 8:31PM
“garyb2011 you are incredible. Anyone subject to the vagaries of the UKBA has no choice but to provide correct addresses or they are gone. Bear in mind that the UKBA knew where to arrest him - at the home you say he didn't tell them about.
The UKBA acted illegally and that is a fact that is not denied here by them - the only question is whether they ignored the court or didn't communicate properly. Either of which is cause for concern.
Cllr Mayat acted for a constituent (anyone here legally is a constituent and whether you like it or not, this individual was here legally).
As for the cost of Cllr Mayat, the cost is there whoever he represents.
And the taxpayer issue is hilarious. There is not one person in Leicester who pays no tax. All you have to do is go shopping.”
by garyb2011
Wednesday, September 05 2012, 7:51PM
“Westcotes
The legal costs of the UKBA are born by all of us that pay tax
Mr Mayat was paid in excess of £15,000 in 2010/11 by Leicester City Council tax payers for his job (because that is what it is) to represent his constituents. Any time he uses to represent anyone is paid for by those that pay his allowances.
So I and other UK and Leicester City tax payers have to bear the cost of his choice to support this person. The person is responsible (at least in part) for the costs that we are having to bear. I would prefer that the time was spent on dealing with the issues that UK Citizens are having to deal with.
Clear?”
by Steffiegirl
Wednesday, September 05 2012, 6:42PM
“It seems to be that immigration has become way out of hand and that students and the like need to be implanted with a microchip so they can be monitored thereby making it easy to know when they should be leaving and thus making sure they've gone. Also it's a good idea because of foreign benefit fraud.”
by Westcotes
Wednesday, September 05 2012, 6:41PM
“@ by garyb2011,
What cost are you talking about?
Please explain further, because I do not understand what you mean.”