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compensation when home office issues an is96 to eea fp holde

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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wiggsy
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compensation when home office issues an is96 to eea fp holde

Post by wiggsy » Fri Aug 01, 2014 8:10 am

Hi guys.

the ho sent my wife an is96 the other day.

she is a singh eea family member. Holds an eea fp. And had applied for eea2 (begrudgingly payed the fee).

As the is96 cpearly breaches my wifes rights. As well as the emotional distress caused... anybody got a clue on the potential compensation? And route to such.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Fri Aug 01, 2014 8:13 am

Sorry. Phone froze n double posted. If a mod can delete or lock ... other thread is http://www.immigrationboards.com/eea-ro ... 69593.html
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

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Amber
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Re: compensation when home office issues an is96 to eea fp h

Post by Amber » Sat Aug 02, 2014 6:52 am

Have they indicated on what grounds they may want an EEA Administrative Removal?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Sat Aug 02, 2014 12:31 pm

P. 16 of S. 2 of the Immigration Act 1971
P. 21 of S. 2 of the Immigration Act 1971
S. 24(1)(e) of the Immigration Act 1971

In other news, they refused my wife's RC (arrived today). She had a valid EEA FP. linked? lol... saw this coming when the IS.96 came in the post.

Refusal of R.9 on basis of Centre of life.

Reconsideration request sent via email (ukvipap@homeoffice.gsi.gov.uk linda.bateman@homeoffice.gsi.gov.uk ). Will post Recorded Del too.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

jinkazama_11
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Re: compensation when home office issues an is96 to eea fp h

Post by jinkazama_11 » Sat Aug 02, 2014 3:59 pm

wiggsy wrote:P. 16 of S. 2 of the Immigration Act 1971
P. 21 of S. 2 of the Immigration Act 1971
S. 24(1)(e) of the Immigration Act 1971

In other news, they refused my wife's RC (arrived today). She had a valid EEA FP. linked? lol... saw this coming when the IS.96 came in the post.

Refusal of R.9 on basis of Centre of life.

Reconsideration request sent via email (ukvipap@homeoffice.gsi.gov.uk linda.bateman@homeoffice.gsi.gov.uk ). Will post Recorded Del too.
Sorry to hear about ur refusal. Whats ur timeline? When have you applied for FP & then UK RC?

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Sat Aug 02, 2014 4:16 pm

Timeline:

Last year had appeal for DRC - went to court on 10/12/13 (decision was issued in our favour)

AT THE SAME TIME we Singhed.

6/12/13 applied online in Dublin for EEA FP.
9/12/13 travelled to uk for appeal
11/12/13 travelled back to dublin
12/12/13 submitted docs in dublin (they called and asked if it was a settlement or visit FP. I was clear it was to settle).
23/12/13 they issued FP (collected start of jan).
06/01/14 travelled to uk
[ was waiting RE RC for appeal win ]
3/7/14 posted eea2
4/7/14 they received
IS.96 is dated 14/7/14
COA is dated 16/7/14
Refusal dated 31/7/14
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

jinkazama_11
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Re: compensation when home office issues an is96 to eea fp h

Post by jinkazama_11 » Sat Aug 02, 2014 4:24 pm

wiggsy wrote:Timeline:

Last year had appeal for DRC - went to court on 10/12/13 (decision was issued in our favour)

AT THE SAME TIME we Singhed.

6/12/13 applied online in Dublin for EEA FP.
9/12/13 travelled to uk for appeal
11/12/13 travelled back to dublin
12/12/13 submitted docs in dublin (they called and asked if it was a settlement or visit FP. I was clear it was to settle).
23/12/13 they issued FP (collected start of jan).
06/01/14 travelled to uk
[ was waiting RE RC for appeal win ]
3/7/14 posted eea2
4/7/14 they received
IS.96 is dated 14/7/14
COA is dated 16/7/14
Refusal dated 31/7/14
Because you were issued FP before 01 Jan 2014 you are covered by transitional arrangements. They shouldn't have refused it on COL. HO is full of idiots and lazy buggers.
Other interesting question is why IS.96 is dated both before COA and refusal date?
I am not sure what is the procedure to claim compensation in your case?

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Sat Aug 02, 2014 4:43 pm

Lol, yes, I know.

Well, I raised a formal complaint RE IS.96. I've got a funny feeling that the H.O. are trying to cover their backs into their unlawful actions.

Letter of application / cover letter actually outlined Transitional Regulations:

I support my wife's application under the Immigration (European Economic Area) Regulations 2006 (as amended) pursuant to the transistional regulations which are implemented (rendering the centre of life requirement void) as my wife was issued with a family permit before Jan 1st 2014.
I sent the following to Home Office today.

Date: As Emailed (02 August 2014 13:23)

To: Home Office
UK Visas and Immigration
Permanent Migration
PO Box 306
Liverpool
L2 0QN

CC: Nadhim Zahawi (nadhim.zahawi.mp@parliament.uk)

Pre Action Letter / Letter for Reconsideration

Dear Sirs, FAO: Linda Bateman, N. Roche

I write today with a formal request for reconsideration of your unlawful decision to refuse to issue confirmation of my wifes right to reside in the United Kingdom pursuant to Reg. 9 of the Immigration (European Economic Area) Regulations 2006.

I note that you have cited the current version of the Immigration Regulations. It appears clear that you failed to read through the evidence providied - including my cover letter (Mr xxxx) and my wife's letter of application. If you had read such, you would of seen:

I support my wife's application under the Immigration (European Economic Area) Regulations 2006 (as amended) pursuant to the transistional regulations which are implemented (rendering the centre of life requirement void) as my wife was issued with a family permit before Jan 1st 2014.

I note that your team has failed to observe your evidential flexibility policy. As I had supplied photocopies of documents, it is clear that I hold the originals. You should of requested these documents.

I also note that form EEA2 actually states that we do not need to supply ANY DOCUMENTATION. Only our passports - as you already had all documents to process our EEA Family Permit application..

To be honest, it appears pretty clear, with your unlawful refusal, that your department is simply trying to make our complaints about your actions disappear.

Your department is very well aware of my wife's case. Your department hold a copy of her Family Permit - and in any event saw the family permit in her passport. The application letter drew very clearly to the fact she holds a Family Permit issued pre the amended regulations.

So: The amended regulations: http://www.legislation.gov.uk/uksi/2013/3032/made






Transitional provisions


6. Schedule 3 has effect.





Family members of British citizens


2. (1) The substitution of regulation 9 of the 2006 Regulations by paragraph 5 of Schedule 1 has no effect in relation to the family member (“F”) of a British citizen where the criteria in subparagraphs (2) or (3) are met.


(2) The criterion in this subparagraph is met where, upon the coming into force of these Regulations, F was a person with a permanent right to reside in the United Kingdom under the 2006 Regulations.


(3) The criteria in this subparagraph are met where, upon the coming into force of these Regulations, F was a person with a right to reside under the 2006 Regulations; and


(a)held a valid registration certificate, residence card or EEA family permit issued under the 2006 Regulations;


(b)had made an application under the 2006 Regulations for a registration certificate, residence card or EEA family permit which had not been determined; or


(c)had made an application under the 2006 Regulations for a registration certificate or residence card which had been refused and in respect of which an appeal under regulation 26 of the 2006 Regulations could be brought while the appellant is in the United Kingdom (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of regulation 25(2) of the 2006 Regulations).


(4) Where met, the criteria in subparagraphs (2) and (3) remain satisfied until the occurrence of the earliest of the following events—


(a)the date six months after an EEA family permit has been issued if F has not within that period been admitted to the United Kingdom;


(b)the date on which an appeal against a decision referred to in subparagraph (3)(c) can no longer be brought (ignoring the possibility of an appeal out of time with permission) where no such appeal has been brought;


(c)the date on which any appeal against a decision referred to in subparagraph 3(c) is finally determined, is withdrawn or is abandoned (within the meaning of regulation 25(2) of the 2006 Regulations), save where the outcome of the appeal process is that the document in question falls to be granted;


(d)the date on which F ceases to be the family member of an EEA national or a family member who has retained the right of residence, within the meaning of regulation 10 of the 2006 Regulations; or


(e)the date on which F’s right of residence under regulation 15 of the 2006 Regulations (permanent right of residence) is lost in accordance with paragraph (2) of that regulation (right of permanent residence lost through more than two years’ consecutive absence).

Furthermore, I draw attention to form EEA2 ( https://www.gov.uk/government/uploads/s ... _06-14.pdf )

SECTION 5 – SURINDER SINGH CASES (family members of British citizens)

Complete this section if you are applying for a residence card under the judgment in the case
of Surinder Singh because your British citizen family member has exercised their Treaty rights
as a worker or self-employed person in an EEA Member State other than the UK.
You must also complete either section 6 or 7 to show how your British citizen family member
was exercising Treaty rights in another EEA Member State.
Please note: if you entered the UK with a valid EEA family permit issued under
the Surinder Singh judgment as the family member of the British citizen named
in section 3, you do not need to complete this section. If this is the case, tick
the box to the right and then go to straight to section 10.

SECTION 10 - PERSONAL HISTORY

At no point was any documentation requested for my wife. My wife entered with a valid EEA Family Permit to Acc W B Pearsall - issued pursuant to Reg. 9 of the Immigration (European Economic Area) Regulations 2006 as they stood in December 2013. Photocopies (of documents UKVI already held originals of) were simply provided as a matter of courtesy.

You have refused my wife's application, on the gounds of being unable to validate that we lived together in ireland, that theres no proof that I was self employed, and that my centre of life hadn't transfered.

Well on all three counts, you are wrong. The Home Office already covered the first two in the FP application. Therefore no further proof is required. The third: My wife, business, home and children were in Ireland. So in any event, my centre of life had indeed transfered.

I draw attention to PIN 43/2014 ( https://www.whatdotheyknow.com/request/ ... rocess.pdf )

A re-consideration of a decision to refuse an applicant under the European Regulations can be sought if an applicant or representative believes that the outcome of a case is incorrect. Under European legislation we are obliged to re-consider European cases if requested and sometimes a reconsideration will avoid a case going to appeal.

Therefore, As we know the outcome of this case is incorrect, we request - as required in law - a reconsideration of your decision which is a clear caseworker error. We make this request on the basis of being a cost-cutting excercise for both yourselves (and the public purse) and our own legal costs.

Yours truly,
To which this was replied:
On Saturday, 2 August 2014, 13:38, Bateman Linda <Linda.Bateman@homeoffice.gsi.gov.uk> wrote:

Mr x, good afternoon.

The decision on the application was issued with a right of appeal.

Should you wish to challenge the decision on the application, please make arrangements to do so via the appeal route afforded on the refusal.

Regards.

Linda Bateman

Linda Bateman
Deputy Chief Caseworker
UK Visas & Immigration
European Casework
Home Office
5th Floor, Capital Building, Liverpool L3 9PP
Tele:+44 (0) 151 213 4222
Fax:+44 (0) 151 213 2974
www.homeoffice.gov.uk
and then I replied:

Date:

Saturday, 2 August 2014, 13:50

Linda,

Thank you for your prompt response. Under EU Law your department must reconsider a case when requested. This request must be conducted before the right of appeal is taken.

I am sure you are aware of your department's guidance on this matter. I did afterall refer to such guidance within my request for reconsideration. For ease of reference, the guidance is attached.

Failure to reconsider the request will amount to a further breach of EU Law.

Yours truly,
I've also contacted my MP and Solvit. I expect a reconsideration. The H.O. hold all documentary evidence of my economic activity in Ireland.

I note too: They didnt assess Art. 8 either, nor did they assess Best Interests of our kids.
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

jinkazama_11
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Re: compensation when home office issues an is96 to eea fp h

Post by jinkazama_11 » Sat Aug 02, 2014 4:55 pm

This is a straight forward reconsideration as its their mistake. Why would they want you to go through appeal route? Are they just trying to waste your as well as tax payers money and also making your life hard.
Keep us posted if you get another reply.

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Sat Aug 02, 2014 5:37 pm

My view too. Gonna go hammer mr warm stables' door monday 

Bout time Nadhim Zahawi did some work
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

jinkazama_11
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Re: compensation when home office issues an is96 to eea fp h

Post by jinkazama_11 » Thu Sep 11, 2014 12:48 pm

wiggsy wrote:My view too. Gonna go hammer mr warm stables' door monday 

Bout time Nadhim Zahawi did some work
Hi wiggsy

Any luck with the reconsideration

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Tue Aug 18, 2015 9:04 am

Hey, just to update people on our case. - Im sorry it's taken so long to update etc...

We got a reconsideration in the end... which led to a complete whitewash (as was the first refusal). The HO now claimed that we didnt provide proof of my work (Self employment) or that my wife lived together with me in Ireland. (well the issued a bloody FP on the basis of Singh. So...

Well, we got the reconsideration, and on 19th Sept 14 we submitted a SAR.

Note: The HO kept delaying the SAR response, so we applied to County Court under S.7(9) for an order to release the information. we also applied under S.15(2) that if the HO says the info wasnt our personal information, that the court reviews the info, and if it was our personal info, discloses it to us. *(this was followed by a PAP, and so on)*. - FYI: This was in Feb, and we still await court - we've got a court date for a case management hearing in October - (brilliant justice there - in times taken)... - this is still ongoing - but the HO once served the court papers made a quick attempt to backtrack and released VERY HEAVILY REDACTED DOCUMENTS! (Eh MI5 could be proud ;) )

So, initially, we were due in court on 10 Dec 14, but it was adjourned to 7th May. Note: we'd already been to FTT because of our Zambrano application (which we won on HRA)... The HO then decided to cancel this application (scare tactics)...

In court: the judge used our earlier appeal for the basis of the majority of his decision (the HO hadn't contested any of the contents of said appeal, and the HOPO basically agreed to the contents of it in court - but reminded the judge that the 2014 Immigration Act placed a duty regarding HRA etc... (the judge countered etc - and said basically "well that decision is already made, so.... my hands are tied on that one..."

I'd submitted thousands of pages of evidence (better too much than too little right?) but the judge refused us a fee award because of "voluminous information".

The judge said basically: We'd demonstrated we lived in Ireland together (personal letter from somebody, plus ferry boarding cards etc. And whilst my income was low, it was enough to show I was self employed. So...:

Won under EEA Regs, Won under HR.

The funny part was: The HOPO actually tried to argue "but Mr Pearsall didnt reside for long enough blah blah blah" to which I countered (included in the voluminous information) the HO internal guidance on COL and Singh which outlines that before 2014 there was no MINIMUM TIME LIMIT (so 1 day was enough basically ;) ) and the judge finally agreed on that point (although did question as to whether living together would of been satisfied if just one day but we lived together far longer than 1 day) as the regulations didn't specify a time limit either, the HO couldnt pick an arbitary number of months ETC. (We were protected from transitional regulations).

Now heres the thing...

The HO issued my wife with a Derivative Residence Card. She also - after complaining - has a Family Member of an EEA National residence card. (The HO have asked us to post back the derivative RC... - i've decided we'll hold onto the evidence of their cockup because it'll help us demonstrate how the Home Office have breached the DPA (failure to keep accurate records) - which is going to aid us in court (DPA claim)... (obviously, since the RC took over six months to process - we still have a claim on the EU side of things... ;) but cant be arsed with that ATM ;)
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

wiggsy
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Re: compensation when home office issues an is96 to eea fp h

Post by wiggsy » Tue Aug 18, 2015 9:36 am

Image



This is why they took it to appeal:

Image



Response to SAR PAP
Service of SAR Claim


Oh,the only reason they reconsidered too was because "unfortunately" I raised a point of EU Law (highlighting their cockup):
For anybody effected, I hope that my Surinder Singh Route Information Pages help.

fasi2530
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Re: compensation when home office issues an is96 to eea fp h

Post by fasi2530 » Tue Aug 18, 2015 4:32 pm

Hi

How to submit a case to Solvit and EU commission .
Faisal

umbro
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Re: compensation when home office issues an is96 to eea fp h

Post by umbro » Wed Aug 19, 2015 6:59 am

@fasi2530
First stage is Solvit then EU commission
you can find details on link below
http://ec.europa.eu/solvit/
According to your case, most likely Solvit will not be able help you, might be just raise concern front of UKVI.

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