UK Visas and Immigration made errors, and delayed decision on asylum seeker's application

What happened

Ms D claimed asylum in the UK in 2000 but UKVI refused her claim. In 2008 she asked again for her claim to be considered as she was now settled in the UK and had a partner and child. But UKVI did nothing and put her case into storage in 2011. Despite contact from Ms D and her representatives, UKVI did not take her case out of storage until 2012. It did not make a decision to grant her indefinite leave to remain until spring 2014.

Ms D was granted leave to remain because her husband had leave to remain, and her son had been registered as a British citizen. Ms D had applied for permission to work in autumn 2010 but UKVI did not respond to her request. She applied again in summer 2013 and was granted permission to work.

What we found

We partly upheld this complaint as there were errors in several areas of the complaint. UKVI should have made a decision on Ms D's case by summer 2011 as it had promised. It should not have put Ms D's case in storage. When it took the case out of storage in early 2012, UKVI should have concluded it, but it took over two more years to make a decision. It should have responded to Ms D's request for permission to work in autumn 2010. The records UKVI kept on Ms D's case were poor, with documents and decisions either not recorded or wrongly recorded.

Ms D suffered delay in waiting for her decision. She was denied an opportunity to look for work between autumn 2010 and summer 2011. However, had she received a decision in summer 2011, it is likely she would have been refused, as her husband did not then have leave to remain and her son had not been registered as a British citizen.

Putting it right

UKVI apologised to Ms D and paid her £250 for the delay, anxiety and lack of opportunity to look for work that she experienced as a result of UKVI's errors.