I Wonder How This Is Going To Pan Out?

[Mrbiggus]

http://www.dailyrecord.co.uk/news/scottish-news/2010/12/03/thai-bride-sues-for-2m-after-being-denied-entry-to-britain-and-spending-one-night-in-cell-86908-22759060/

Thai bride sues for £2m after being denied entry to Britain and spending ONE night in cell

Dec 3 2010 By Keith McLeod

A THAI woman is claiming more than £2million damages after being denied entry to Britain and spending one night in a cell.

Journalist Kanokrat Nimsamoot, 41, who married a Scots businessman in 2008, was stopped at Glasgow airport in March.

And when immigration officials contacted her husband, he told them the marriage was over and he didn't want to see her again.

Kanokrat's visa was then cancelled and she was deported after spending a night in a cell.

An appeal against the cancellation of her visa was turned down in October by an immigration tribunal.

Now furious Kanokrat says the authorities have left her in legal limbo, as she needs to enter the UK in order to divorce her husband, Borders kiltmaker Dennis Booth, 67.

Backed by the Lawyers Council of Thailand, she is suing the UK Government, claiming her night in a cell amounted to "unlawful detention".

She also claims she was denied an interpreter and consular assistance during her questioning.

Kanokrat said yesterday: "They put me in jail. I asked for a translator and a doctor. I cried a lot and my eyes looked like bubbles. Now I can't go to the court to get a divorce."

Kanokrat blamed her inability to get a job in Britain due to her weak English for the failure of her marriage.

"We loved each other but we have very, very different cultures," she said.

The couple met on the internet and divorced Dennis, from Galashiels, flew to Thailand to be with his new love.

In April 2008, they were married in Scotland and later celebrated with Kanokrat's family in Thailand.

The following year, they holidayed together in Greece. But it was the last time they saw each other.

Friends of Dennis said yesterday he was "unwilling to spend another penny" on divorcing Kanokrat but would not stop her from securing a divorce.

A spokesman for the UK Border Agency said Kanokrat no longer met the requirements for which she was granted entry.

Immigration officers have the power to terminate marriage visas if it "becomes apparent the marriage is no longer subsisting".

This bloke is extremely lucky as his estranged wife can't divorce him in the UK. It looks like the settlement she could have got is being placed onto the British Taxpayer.

[astral]

Good luck to her with the law suit.

Where is she filing the claim, the Uk or Thailand?

[longstebe]

A phone call may have been a wise move before she left.

[MAJIC]

Well in answer to the Post Title,if she thinks she has a case to screw money out of the UK legal system?

Not a snowballs chance in Hell!

[Beetlejuice]

There are always 2 sides to a story and for some reason the Scots fella decided that this Thai woman was not for him.

Although I am not assuming anything here, Thai women do have a reputation for taking they’re farang partners to the cleaners especially when the guy is much more advanced in years as in this case.

The British authorities know of these scams and treat these cases with caution.

The couple were not exactly living together, mostly seeing each other on holiday romance trips, so I doubt whether this was a close loving relationship.

Obviously the only reason this woman wants to be granted admittance into Britain is so she can claim part of or all of her husband’s assets under the UK divorce laws. Probably she has been well advised.

Because of the huge age difference between the women and the guy, she is going to have to prove that her intentions for marriage are sincere and not for financial gain or for a means as a way to stay long term in Britain.

[Gippy]

My wife met this lady while speaking at a 'are farang men good husbands for Thai's' event at the MFA in Bangkok a couple of weeks ago. There is more to this than the newspaper printed of course. By all accounts her husband is not a poor man so I would assume she is mad at not being able to get into the UK to divorce him under UK law!

Based on what she was saying at the MFA she is going for the race card, apparently the border officials told her she couldn't enter the country as she is Asian. I don't believe the immigration officers would be stupid enough to say that but it's probably her best bet to win the case, government usually caves in if accused of racism.

[GuestHouse]

There are always 2 sides to a story and for some reason the Scots fella decided that this Thai woman was not for him.

Although I am not assuming anything here, Thai women do have a reputation for taking they’re farang partners to the cleaners especially when the guy is much more advanced in years as in this case.

The British authorities know of these scams and treat these cases with caution.

The couple were not exactly living together, mostly seeing each other on holiday romance trips, so I doubt whether this was a close loving relationship.

Obviously the only reason this woman wants to be granted admittance into Britain is so she can claim part of or all of her husband’s assets under the UK divorce laws. Probably she has been well advised.

Because of the huge age difference between the women and the guy, she is going to have to prove that her intentions for marriage are sincere and not for financial gain or for a means as a way to stay long term in Britain.

The reason why the woman was refused entry is exactly the reason given by the Immigration Office - Her marriage has broken down and therefore a marriage visa was no longer valid.

The Immigration Office have absolutely no interest in her rights in divorce and while many here might want it to be so, they don't act to protect British Citizens against their foreign spouses claiming their legal rights under the UK divorce laws.

The wife in question as the right to apply for a visa to enter the UK to pursue her divorce case - she would almost certainly be granted a visa under those terms.

It is also likely that she does have a claim against the Immigration Office if, as she claims, they denied her access to consular services, a doctor and/or a translator.

However, my advice to her would be to not spend her effort chasing the Immigration Office, rather she should focus on getting her rights under the divorce laws. There are a number of organisations that offer free advice to women in this situation and which are able to deal with the administration of filing for divorce from overseas.

[GuestHouse]

Based on what she was saying at the MFA she is going for the race card, apparently the border officials told her she couldn't enter the country as she is Asian. I don't believe the immigration officers would be stupid enough to say that but it's probably her best bet to win the case, government usually caves in if accused of racism.

Her best case against the Immigration Office is very like to be a failure to follow procedure. But her lawyers will know that.

[jackr]

Thailand 100,000 : UK 1

Forgive me for not feeling one iota of sympathy for her, she may be a nice lady, but in all probability is a gold-digging *****. Two million quid indeed!

Kanokrat blamed her inability to get a job in Britain due to her weak English for the failure of her marriage

Learn the language, duck!

[GuestHouse]

Thailand 100,000 : UK 1

Forgive me for not feeling one iota of sympathy for her, she may be a nice lady, but in all probability is a gold-digging *****. Two million quid indeed!

Kanokrat blamed her inability to get a job in Britain due to her weak English for the failure of her marriage

Learn the language, duck!

How's your Thai?

[sarahsbloke]

She should have played the domestic violence card ........ that usually works.

[H2oDunc]

She will get compensation for sure. They have given it to prisoners for being released early from jail and for being denied drugs and having to go cold turkey and for illegal immigrants held in detention. The UK is a sucker now they have the EU human rights act.

[Beetlejuice]

Thailand 100,000 : UK 1

Forgive me for not feeling one iota of sympathy for her, she may be a nice lady, but in all probability is a gold-digging *****. Two million quid indeed!

Kanokrat blamed her inability to get a job in Britain due to her weak English for the failure of her marriage

Learn the language, duck!

My belief exactly. That`s the bottom line.

This woman want`s his money and she will never give up the claim until every possible option has been tried. There is £ sterling in her heart not love.

More fool the guys who let themselves get carried away on the charms of these woman. Next time the guys should consider the true long term affects of what these whirlwind romances may cost them.

The web has been spun, now all the Scot has to do is avoid becoming trapped in it.

I wish him luck, he is going to need it.

[Eff1n2ret]

I can't see what was illegal about her detention. Her visa was cancelled, she was refused entry to the UK and was subject to removal, therefore liable to be detained. Her case has already been before an immigration tribunal who upheld the refusal.

There will be records of what meals she was offered while in detention and any requests she made. I can't see her case going anywhere.

[NanLaew]

The kilt maker should man up to HIS mistakes and get a divorce rather than rely on the over zealous application of Immigration Law by some uniformed punter at the airport. Immigration calls the guy up asking this your wife? The guy says the marriage is over and Immigration says, "Fine, thanks sir, have a nice day." Then bangs up the woman for 'using the wrong visa'? <deleted>?

As far as the Law is concerned, they are still married so the visa would still be valid IMHO. The guy could be holding out for the marriage to be anulled on the grounds of separation but, they were together in Greece in 2009 and she now has a well publicised trip to try and see him in 2010 so he's completely buggered that up.

Advice to Konakrat is get the UK taxpayer to pay for the shortcomings of their public servants and take the cheap Scottish git for all you can get.

[GuestHouse]

Advice to Konakrat is get the UK taxpayer to pay for the shortcomings of their public servants and take the cheap Scottish git for all you can get.

Keep in mind that until a court decides otherwise, half of everything he's trying to hang on belongs to his wife.

I can't see that having Immigration lock her up and send her back to Thailand will help his case when the time comes for the court to decide.

[NanLaew]

You say all that but you don't know what's gone on during the marriage and we don't know what immigration knows.

I have a friend in the UK, similar position, been fleeced for tens of thousands of pounds and decided enough was enough, married in LOS. She has a visa cos married and has buggered off in UK somewhere, he has had enough of her financing her extended family in LOS instead of THEM saving for his retirement to LOS. There's a lot more to this story that l know but won't write here so please keep an open mind to every case.

Agreed. The facts as we know them are insufficient but I was just trying to balance the quite hateful comments here so far that she is a gold digging type after benefits.

They hardly had a marriage at all if the sum total of their life together are 2 trips to Thailand for him, one trip together to Greece and then her aborted attempt to enter in Glasgow.

So, has your friend filed for divorce yet? One ostrich living in the Scottish borders is already one too many IMHO.

[Eff1n2ret]

As far as the Law is concerned, they are still married so the visa would still be valid IMHO.

If that were the case, she would have won her immigration appeal. She lost.

[NanLaew]

As far as the Law is concerned, they are still married so the visa would still be valid IMHO.

If that were the case, she would have won her immigration appeal. She lost.

The appeal was 2 months ago. I am referring to her original detention and return from Glasgow airport last March.

In March, the Immigration people contacted her husband who said, "the marriage was over and he didn't want to see her again." He didn't say they were divorced. So, there was a rather dubious decision made at Glasgow airport in March IMHO. My marriage was over and I didn't want to see my ex- ever again but I had the balls to get a divorce so that it was all over and done with and legally seen as such.

Even if he has started divorce proceedings, she get's decent legal counsel, she can shaft him for hah-sip percent and the taxpayers for the whole enchilada (or the Scottish equivalent thereof) for the detention at the airport. That will teach the skirt maker to date on the internet again.

[james24]

What a gold digger. Fari enough the details of the marriage arent clear but come on, trying to stitch the government for 2 mil..., thats a pretty obvious giveaway regarding what she wants.

Woman that do this to men not just Thai, don't deserve any rights. Sometimes the law should be put aside and morals should overrule.

She wont get a penny, thai lawyer and obvious money grabber against Uk judicial - government body lol no chance, especially not in this climate.

[Kwasaki]

Advice to Konakrat is get the UK taxpayer to pay for the shortcomings of their public servants and take the cheap Scottish git for all you can get.

Keep in mind that until a court decides otherwise, half of everything he's trying to hang on belongs to his wife.

I can't see that having Immigration lock her up and send her back to Thailand will help his case when the time comes for the court to decide.

I agree with all you have said in your usual assertive manner.

Maybe the guy is being evasive because he has a prenuptial agreement !!! If he hasn't maybe he should hide all his wealth now.

The immigration from what I remember of the conditions and rules of taking my wife to England under the 2 year marriage visa was she was to reside with me or she is booted out.

I don't believe the "They put me in jail" bit either, can't believe she was in a cell behind bars with just a bucket and bread and water if so the Scottish are having to make cuts as well.

Edited December 6, 2010 by Kwasaki

[Thongkorn]

Britain decides who comes into Britain not layers or, solicitors,

Edited December 6, 2010 by Thongkorn

[GuestHouse]

Britain decides who comes into Britain not layers or, solicitors,

Actually you are completely wrong on this.

The Government pass laws and then the Courts decide how the laws are to be interpreted and applied.

[Thongkorn]

Britain decides who comes into Britain not layers or, solicitors,

Actually you are completely wrong on this.

The Government pass laws and then the Courts decide how the laws are to be interpreted and applied.

Who is the govenment, me the people who vote.

Edited December 6, 2010 by Thongkorn

[GuestHouse]

Britain decides who comes into Britain not layers or, solicitors,

Actually you are completely wrong on this.

The Government pass laws and then the Courts decide how the laws are to be interpreted and applied.

Who is the govenment, me the people who vote.

I can think of at least a dozen laws that would be enacted or repealed if put to a public vote which no UK Government is going to act on.

The Government is not you and is not the public or their vote.

[ukrules]

The UK is a sucker now they have the EU human rights act.

So you're saying that human rights are a bad thing and we should abolish them ?

[F1fanatic]

The UK is a sucker now they have the EU human rights act.

So you're saying that human rights are a bad thing and we should abolish them ?

Not at all - its just only the UK abides by all the EU rules, whether its good for the populace or not.

[chickenslegs]

From the UK Embassy website :

Can I join my husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK?

You can apply to join your husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK as long as:

• they currently live and are settled in the UK, or
• they are coming to live permanently in the UK, and
• they are not under 21

How do I qualify to join my husband, wife or civil partner in the UK?

You must show that:

• you are legally married to each other or are in a civil partnership recognised in the UK
• your husband, wife or civil partner is present and settled in the UK (see the next section)
• you both intend to live together permanently as husband and wife or as civil partners
• you have met each other before
• you can support yourselves and any dependants without any help from public funds
• you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• your husband, wife or civil partner is not under 21, and
• you are not under 21 at the date of arrival in the UK .

From 29 November 2010, you must show that you can speak and understand English.

So, either she lied to get the settlement visa or failed to notify the embassy when the circumstances of her marriage changed.

I find it hard to sympathise with either of them. He is Scottish. She is a journalist.

[chickenslegs]

From the UK Embassy website :

Can I join my husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK?

You can apply to join your husband, wife, civil partner, fiancé, fiancée or proposed civil partner in the UK as long as:

• they currently live and are settled in the UK, or
• they are coming to live permanently in the UK, and
• they are not under 21

How do I qualify to join my husband, wife or civil partner in the UK?

You must show that:

• you are legally married to each other or are in a civil partnership recognised in the UK
• your husband, wife or civil partner is present and settled in the UK (see the next section)
• you both intend to live together permanently as husband and wife or as civil partners
• you have met each other before
• you can support yourselves and any dependants without any help from public funds
• you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
• your husband, wife or civil partner is not under 21, and
• you are not under 21 at the date of arrival in the UK .

From 29 November 2010, you must show that you can speak and understand English.

So, either she lied to get the settlement visa or failed to notify the embassy when the circumstances of her marriage changed.

I find it hard to sympathise with either of them. He is Scottish. She is a journalist.

Well done, that man.

Please remember me when you cast your vote in the TV Awards

[wolf5370]

Where is this suet filed? Under the European Court of Human Rights? It will likey be kicked out as immigration is down to the member state (part of one of the early agreements - Maastricht ??). If in the UK, then I believe it is not possible to take a Government Agency to court (remember this when the Families Need Fathers brigade wanted to takew the CSA to court but couldn't and when the contractor's groups wanted to suet the IR over IR35 - both had to go to Europe, and both were kicked out also - State affairs). If in Thailand, it must surely also be kicked out as they have no power of enforcement of remit over foreign power's foreign/immigration policy.

Can't see this going anywhere - whether it is deserved or not.