Delayed decision on failed asylum seeker's further submissions

Summary 625 |

UK Visas and Immigration (UKVI) took too long to make a decision on Mr A's case and its communication with him was poor.


What happened

Mr A came to the UK in 2001. He was refused asylum but remained in the UK, where he met his partner, also a failed asylum seeker. Their two children were born in the UK. From 2007, Mr A contacted UKVI to ask it to reconsider his case. In spring 2012 UKVI refused him permission to stay in the UK. Mr A made further submissions in autumn 2012, but he and his family did not get a decision that they could stay until early 2014.

What we found

UKVI should have made a decision on Mr A's first submission by summer 2011 but did not do so until spring 2012. It did not record the reasons for its decision, which left Mr A without confidence in the decision–making process.

UKVI should then have made a further decision on his additional submissions by the end of 2012 but it did not do so until early 2014. UKVI communicated poorly with Mr A and took longer than it should have done to consider his request for permission to work. The delay in deciding his immigration status caused Mr A and his family frustration, inconvenience and uncertainty.

Putting it right

UKVI apologised to Mr A and paid him £150 for the injustice we identified.

Health or Parliamentary
Parliamentary
Organisations we investigated

UK Visas and Immigration

Location

UK

Complainants' concerns ?

Not applicable

Result

Apology

Compensation for financial loss