Narrative:

After a missed approach, I was getting vectors around the airport while waiting for WX to improve and to coordinate possible diversion. While in and out of the clouds, miami approach issued an advisory of traffic (Y) at 10 O'clock position, at 2000 ft MSL. Several advisories followed. We did not get a clearance to climb from approach control. As I was about to climb, he (Y) turned his transponder off, since he disappeared from our TCASII and approach lost him electronically. Assuming that he (Y) had to have seen us (since he turned the transponder off), I assumed that he had to be executing an evasive maneuver (probably, turning and climbing). Consequently, I elected to hold altitude. From a break in the clouds off to my left, I saw a high-wing, single engine aircraft (probably a cessna), banking left and climbing away from his course into my aircraft. I saw the face of the pilot. I notified approach control of the incident and asked them to track the aircraft until landing, which they did. After landing, I talked with the approach control supervisor and informed him that the culprit aircraft, not in communications with ATC, was flying in real IFR conditions. I informed him of my intentions to file a report.

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Original NASA ASRS Text

Title: A VFR GA CESSNA PLT VIOLATED MIA CLASS B AIRSPACE, FLEW IN IMC, AND HAD AN NMAC WITH A B737-200.

Narrative: AFTER A MISSED APCH, I WAS GETTING VECTORS AROUND THE ARPT WHILE WAITING FOR WX TO IMPROVE AND TO COORDINATE POSSIBLE DIVERSION. WHILE IN AND OUT OF THE CLOUDS, MIAMI APCH ISSUED AN ADVISORY OF TFC (Y) AT 10 O'CLOCK POS, AT 2000 FT MSL. SEVERAL ADVISORIES FOLLOWED. WE DID NOT GET A CLRNC TO CLB FROM APCH CTL. AS I WAS ABOUT TO CLB, HE (Y) TURNED HIS XPONDER OFF, SINCE HE DISAPPEARED FROM OUR TCASII AND APCH LOST HIM ELECTRONICALLY. ASSUMING THAT HE (Y) HAD TO HAVE SEEN US (SINCE HE TURNED THE XPONDER OFF), I ASSUMED THAT HE HAD TO BE EXECUTING AN EVASIVE MANEUVER (PROBABLY, TURNING AND CLBING). CONSEQUENTLY, I ELECTED TO HOLD ALT. FROM A BREAK IN THE CLOUDS OFF TO MY L, I SAW A HIGH-WING, SINGLE ENG ACFT (PROBABLY A CESSNA), BANKING L AND CLBING AWAY FROM HIS COURSE INTO MY ACFT. I SAW THE FACE OF THE PLT. I NOTIFIED APCH CTL OF THE INCIDENT AND ASKED THEM TO TRACK THE ACFT UNTIL LNDG, WHICH THEY DID. AFTER LNDG, I TALKED WITH THE APCH CTL SUPVR AND INFORMED HIM THAT THE CULPRIT ACFT, NOT IN COMS WITH ATC, WAS FLYING IN REAL IFR CONDITIONS. I INFORMED HIM OF MY INTENTIONS TO FILE A RPT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.