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Thank you for your question. Obviously you have had a difficult and distressing time. However I do not think you have any legal recourse. You say you feel your rights have been violated but from a legal perspective it is difficult to see what rights. If you are unhappy about your treatment by the UKBA then you can most certainly complain see here:http://www.ukba.homeoffice.gov.uk/aboutus/contact/makingacomplaint/ You could of course also complain to your local MP who can raise it with the minister concerned. However looking at the position overall. You were refused retained rights and that refusal was upheld by two tribunals. so despite the advice you received , the UKBA decision was upheld by two judicial tribunals which you chose not to appeal for god and practical reason but for a legal perspective you are a foreign national who had not right to remain in the UK as determined by the by the appropriate judicial process. You then sought to come to the uk and decided to do so without the appropriate EEA family permit. You could have been refused at the border although the entry officer can issue a code 1A. This was your choice bear in mind despite the personal circumstances surrounding it - So far as the law is concerned you had chosen not to continue your appeals in the UK and leave the country and then seek to reenter without a permit. There is little doubt from your narrative that your treatment was not very nice and you may well be justified in complaining about it but there is no basis to claim that your rights were violated when the immigration authorities chose to apply the rules to a foreign national seeking to enter the uk . From a egal perspective i think you would be wasting your time and money trying to sue. At least they allowed you in - many passengers have simply been sent back to home to appeal from abroad.
You've ignored a couple of facts: a) I retained my rights after the divorce (as per EU CHAPTER 2 RIGHTS OF NON-EEA NATIONAL F
Actually, the question was how I approach European Court of Justice and the Court of Human rights since the UK government departments are ignoring and breaching the EU Law and the Human Rights. I wanted to know the pathway and whether my case would be classed as immigration or EU matter. The UK tribunal and the HO have failed to follow the course of justice so I wanted to know where to go next.
You have not answered my question. In fact, your answer is emotive and doesn't make any reference to any legeslation. Sorry to say but I think I've wasted my time. I've previously consulted immigration legal advisors and your answer simply doesn't look professional to me when I compare it with them.
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