UK Visas and Immigration made a flawed decision and poorly handled an asylum seeker's complaint

Summary 743 |

Mr L complained that UK Visas and Immigration (UKVI) did not tell him that he should have applied in person to stay in the UK.


What happened

Mr L came to the UK in 2002 and claimed asylum. His claim was rejected. Mr L didn't contact UKVI again until 2010, when he applied in writing to stay in the UK. UKVI failed to answer follow–up letters from Mr L's representatives, and only replied when his MP took up his case in 2012. In July 2013 Mr L's representatives complained to UKVI that it had still not decided his application.

What we found

At the time Mr L applied to stay in the UK, people in his position had to apply in person. If UKVI had received Mr L's written application, it should have returned it to him. We thought it unlikely that UKVI actually received it in 2010. However, when Mr L's representatives re–sent the application seven months later, UKVI should have looked at it and told him how to apply in person.

Putting it right

Following our investigation UKVI reconsidered Mr L's case and granted him Leave to Remain until September 2017. It also apologised to him for its poor handling of his complaint, and the uncertainty and anxiety this caused.

Health or Parliamentary
Parliamentary
Organisations we investigated

UK Visas and Immigration

Location

UK

Complainants' concerns ?

Replied with inaccurate or incomplete information

Result

Apology

Taking steps to put things right