Uncle Sussex it's over to you.
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| Brighton taxi driver facing deportation http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=28736 |
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| Author: | captain cab [ Wed Mar 09, 2016 8:31 pm ] |
| Post subject: | Brighton taxi driver facing deportation |
Brighton taxi driver facing deportation over visa technicality A postgraduate Brighton student is in detention and faces deportation because he fell foul of a technicality which left him in breach of his visa while working as a taxi driver. Shukaib, 23, who came to the UK from Afghanistan in 2011 and who is said to be considered a model student by his University of Brighton tutors, was taken into custody after a raid at City Cabs in Queens Road on Saturday evening. His visa does allow him to work part time, but only as a direct employee – and although he worked exclusively for City Cabs, he did this on a self-employed basis, putting him in technical breach of its conditions. Immigration checks made by Brighton and Hove City Council when it granted his personal taxi licence two months ago did not pick up on this issue – and City Cabs itself is not allowed to make them as he is not an employee. He is now in detention at Gatwick awaiting deportation with no right of appeal, but is pinning his hopes on a favourable Home Office response to representations made by his lawyers on his behalf. His caseworker Raj Rayan of James & Co solicitors said: “Shukaib’s case results from an entirely innocent and minor misinterpretation of his employment with City Cabs in Brighton. “The decision of the Home Office is an entirely discretionary one, but unlike others in similar situations Shukaib was not warned that his work may be considered self-employment, he was not asked to stop work, no relevance was placed on the fact the local council had authorised his work with the taxi company, but instead he was immediately detained. “These extremely unfortunate circumstances are compounded by the fact that for nine years Shukaib’s family in Afghanistan have worked closely with the American and British forces during the conflict in his home country. “He has now acquired skills which would be of invaluable assistance to rebuilding the shattered infrastructure in Afghanistan. However the fact that it appears as if he will now be prevented from completing his Masters will be a serious impediment to his future career. “We have also been told by the University that should he not be allowed to continue his studies there is likely to be a detrimental impact on his fellow postgraduate students for whom he is a group leader. “Due to dramatic restrictions made by the current government to immigration cases Shukaib has no right of appeal against the decision made against him. We have however submitted representations requesting that the Home Office exercise their discretion to reverse their current decision. We are still awaiting a response to our request.” Andy Cheesman from City Cabs said Shukaib is a “lovely guy”. He said: “He came to me fully licensed – he has a full passport, he’s passed the police checks, national insurance number, all those things he should have for the council to give him a licence. “The office was raided on Saturday and all 250 drivers were looked at, and this one driver was taken away. As a taxi firm we are not in trouble whatsoever. “He’s a lovely guy, he’s a genius. He’s doing a masters at Brighton University and working on a big project in construction – he’s a very clever boy. “He spent thousands of pounds getting all his gear and his licence, and now this happens.” The Home Office said it took Shukaib into custody after “acting on intelligence”. Assistant Director Richard Lederle, head of the Kent and Sussex Immigration Enforcement Team, said: “We will not relent in our efforts to arrest and detain immigration offenders in Sussex. “This operation serves as a warning, as those we arrest face being removed from the UK.” A council spokesperson said: “Licensing authorities already conduct checks to determine whether someone is ‘fit and proper’ to hold a driver or operator licence. However, they have discretion over the type of checks made and although many conduct immigration checks, these are not mandatory. “Brighton and Hove does carry out these checks but it is the responsibility of the driver to ensure that they are working legally in the UK.” A spokesperson for the University of Brighton said: “This is a matter for the Home Office and it would be inappropriate for the university to comment.” source: http://www.brightonandhovenews.org/2016 ... lity/45532 |
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| Author: | Nidge2 [ Thu Mar 10, 2016 6:24 am ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
Uncle Sussex it's over to you.
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| Author: | youbeenbusy [ Thu Mar 10, 2016 11:33 am ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
One down our way an illegal immigrant possibly on a student visa working full time 80 plus hours a week never seen a collage. Just spent around £80,000 on a cafe and still doing taxes. |
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| Author: | grandad [ Thu Mar 10, 2016 1:05 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
youbeenbusy wrote: One down our way an illegal immigrant possibly on a student visa working full time 80 plus hours a week never seen a collage. Just spent around £80,000 on a cafe and still doing taxes. How can he be an illegal immigrant if he has a student visa? 
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| Author: | youbeenbusy [ Thu Mar 10, 2016 1:17 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
Point Taken. He has never been to a collage .His working hours do not allow time to study in a classroom environment. Even his fellow countrymen on the rank do not see how he is allowed in the country.He has been on the rank for around 4/5 years now. |
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| Author: | Sussex [ Thu Mar 10, 2016 6:22 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
Nidge2 wrote: Uncle Sussex it's over to you. TBH there isn't much more to add. Other than people are pointing the finger at each other, and they really shouldn't be. The driver is the one at fault, he knew the score and he got caught. All the other trade people mentioned in the article didn't, and for the record as I mentioned in the other post, neither did I. |
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| Author: | Sussex [ Thu Mar 10, 2016 6:23 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
captain cab wrote: he’s a genius. Do geniuses really work in the cab trade? 
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| Author: | Nidge2 [ Thu Mar 10, 2016 7:10 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
grandad wrote: youbeenbusy wrote: One down our way an illegal immigrant possibly on a student visa working full time 80 plus hours a week never seen a collage. Just spent around £80,000 on a cafe and still doing taxes. How can he be an illegal immigrant if he has a student visa? Because he's working illegally hence his illegal immigrant status. |
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| Author: | captain cab [ Thu Mar 10, 2016 8:35 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
Quote: Brighton taxi driver facing deportation over visa technicality shouldn't questions be asked as to how this chap got a license? |
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| Author: | trotskys twin [ Thu Mar 10, 2016 9:35 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
captain cab wrote: Quote: Brighton taxi driver facing deportation over visa technicality shouldn't questions be asked as to how this chap got a license? The question to be asked is {given this man is a short distance from completing his education is it right and proper to DEPORT HIM?] A FOR NOT KNOWING THE REGULATIONS ON EMPLOYMENT LAW SINCE WHEN HAS IGNORANCE OF THE LAW PREVENTED PROSECUTIONS CITY CABS SHOULD BE SHUT DOWN And rest assured one of their executives was well aware of this regulation wernt yer MICK 
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| Author: | Sussex [ Thu Mar 10, 2016 10:15 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
captain cab wrote: Quote: Brighton taxi driver facing deportation over visa technicality shouldn't questions be asked as to how this chap got a license? But folks can work on a student visa, albeit 20 or less hours a week depending on the course, and on an employed basis only. A council can't dictate how they work once licensed, nor can they refuse on the basis that someone can't possibly work full time. |
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| Author: | heathcote [ Fri Mar 11, 2016 12:25 am ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
Brighton Council must be held responsible in relation to not fulfilling the mandatory check that the applicant has the "RIGHT TO WORK" certification. If this is not in the Licensing Policy it could be taken "As failing in the duty of care regarding Public Safety" |
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| Author: | captain cab [ Fri Mar 11, 2016 12:29 am ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
heathcote wrote: Brighton Council must be held responsible in relation to not fulfilling the mandatory check that the applicant has the "RIGHT TO WORK" certification. If this is not in the Licensing Policy it could be taken "As failing in the duty of care regarding Public Safety" 
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| Author: | grandad [ Fri Mar 11, 2016 7:01 am ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
heathcote wrote: Brighton Council must be held responsible in relation to not fulfilling the mandatory check that the applicant has the "RIGHT TO WORK" certification. If this is not in the Licensing Policy it could be taken "As failing in the duty of care regarding Public Safety" As Sussex has already said. People on student visas DO have a right to work. The student and his "employer" should be the ones who abide by the rules regarding the status of employment and the number of hours. |
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| Author: | trotskys twin [ Sun Mar 13, 2016 1:25 pm ] |
| Post subject: | Re: Brighton taxi driver facing deportation |
grandad wrote: heathcote wrote: Brighton Council must be held responsible in relation to not fulfilling the mandatory check that the applicant has the "RIGHT TO WORK" certification. If this is not in the Licensing Policy it could be taken "As failing in the duty of care regarding Public Safety" As Sussex has already said. People on student visas DO have a right to work. The student and his "employer" should be the ones who abide by the rules regarding the status of employment and the number of hours. And employer or AGENT shut City Cabs they new the law or if not IGNORANCE OF THE LAW IS NO EXCUSE  SHUT THEM DOWN NOW 
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