After it delayed making a decision on Mr K's application to stay in the UK for three years, UK Visas & Immigration (UKVI) told Mr K to leave the UK even though his period of leave to remain had not expired.
What happened
Mr K applied for asylum in the UK in 2003 and was refused. Mr K made further submissions in 2010 asking to stay in the UK. In 2011 UKVI gave him discretionary leave to remain for three years until summer 2014. Mr K objected and asked for indefinite leave to remain. In 2013 UKVI refused Mr K's further submissions and told him he had to leave the UK. In early 2014 UKVI turned down Mr K's request to have his discretionary leave to remain converted to indefinite leave.
What we found
We partly upheld Mr K's complaint. UKVI's 2011 decision to grant Mr K discretionary leave to remain was flawed because the caseworker made an error in the decision making. But Mr K benefitted from that mistake because he was able to stay in the UK.
UKVI should have made a decision on Mr K's further submissions and request to have his discretionary leave converted to indefinite leave earlier but there was no injustice, because Mr K was able to remain in the UK. UKVI should have apologised for its mistake in telling Mr K he should leave the country, and it has now done so.
Putting it right
We did not make any recommendations because there was no injustice.
UK Visas and Immigration
UK
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