Mr and Mrs B complained that UK Visas and Immigration (UKVI) offered them inadequate compensation to redress the injustice caused by an acknowledged error by an entry clearance officer.
What happened
Mrs B submitted settlement visa applications for her two daughters in the summer of 2012. UKVI refused them leave to remain. The refusal was wrong because UKVI had overlooked key evidence. Mrs B sent UKVI an email saying that its decision was wrong. UKVI did not respond to the email until after the deadline for appeals had passed.
Mr and Mrs B submitted fresh applications in winter 2013, which were granted the following month.
What we found
UKVI acknowledged that it made a mistake in refusing the applications.
UKVI did not act on Mrs B's email that queried the decision within a reasonable amount of time. Had it done so, we believe that that would have given Mr and Mrs B sufficient time to appeal the refusal decision.
Putting it right
UKVI apologised to Mr and Mrs B and the children for its initial error in failing to consider all the evidence submitted with the applications, and for its failure to consider Mrs B's email in a timely manner. It reimbursed the cost of the second set of application fees, almost £1,700 in total, and paid Mr and Mrs B £1,000 for the inconvenience and distress caused to them and the children when it incorrectly refused the applications.
UK Visas and Immigration
UK
Did not apologise properly or do enough to put things right
Apology
Compensation for financial loss
Compensation for non-financial loss