How to SUE HO

Hi,

HO lost all my documents without allocating to a caseworker.

They have debitted the payment and given me a REF no. after two months they told me that they lost my file.

I want to file a case against them..

Please let me lnow how this can be done.

regards,
S

sham111 wrote:Hi,

HO lost all my documents without allocating to a caseworker.

They have debitted the payment and given me a REF no. after two months they told me that they lost my file.

I want to file a case against them..

Please let me lnow how this can be done.

regards,
S

sometimes they curiously find the documents when complaints go in through MPs. so speak to your area mp and see if they will represent your case with home office. my friend similarly was told all his documents lost. ran around in cirsles for many months, was taking legal advice and also involved MP, after MP got involved, he soo got his HSMP and got all his documents back. still took a few months of running around.

they lost my latest bank statement when i applied for hsmp approval, so had to get a new one from bank for visa. another person i knew they lost his wifes passport and refused to accept they got it. when proof was shown as sent by reg post. they said they got envelope but not passport !!! all this took 6m then they offered them £ 35 for new passport fees if no liability was attributed to home office. the person i knew was fed up by then and got new passport and later got visa.

one person who goes by the pseudonym 'edgehillmole' on various forums was made to resubmit duplicate payslips and employer letter etc as home office said they lost it. after running around a few months and getting all duplicates and submitting it, they gave hsmp, when they returned his documents imagine his surprise as the original payslips and letter were in the folder, which they claimed was lost.

Thanks really appreciated.

Vinay,

Can you tell me what MP is? And where do I find them?

Thanks.

MP is member of Parliament.

Please check the following links for more information.

www.parliament.uk/

regards
S

@vinay shanthi

I guess you are strong beleiver of "information is wealth", you seem to have got loads of personal experience stuff & i am sure these kinda info adds value for one who sails the same way. keep going.

cheers
ikon

If you feel an injustice has occured against you or want to raise a complaint againt the home office, your MP will definitely help. You don't have to meet them but can talk to them or their staff over the phone. As a starter, search for your MP here
http://www.theyworkforyou.com/
The site has a link where you can send an e-mail to introduce yourself and explain the situation

However, this is applicable to those applying from within the UK.

ikon1400 wrote:@vinay shanthi

I guess you are strong beleiver of "information is wealth", you seem to have got loads of personal experience stuff & i am sure these kinda info adds value for one who sails the same way. keep going.

cheers
ikon

thanks for the kind words IKON.

the way i see it is ...

some seem to think that immigrants need to just put up and shut up with what ever is dished out to them or expect them to ship out. people should stand their ground as no one is doing us any favours by giving us a visa. after all we are given the visa because it is beneficial to the UK. it is give and take. both benefit in various ways.

just in my circle of friends and aquaintances (all HSMPs) i find it odd that quite a few have had lost documents or misplaced documents and what not and have been running around home office for sometimes more than 6 months. even now i know 2 who are in discussions with lawyers for legal action on other issues. People think that they are unaccountable for the acts of ommission and commission. They just need legal action by a few to remind them that they are not unaccountable under laws of UK.

i wonder if many people losing their documents etc among the HSMPs has anything to do with criminal elements pilfering documents in the visa office. after all they have everything that is needed for ID fraud, a gold mine inviting criminals to try their luck pilfering documents there of visa applicants. negligence or connivance of the staff there will be helping such elements. obviously any such documents will come under the purview of the data protection act and there needs to be by law an audit trail for handling the documents and also to pin responsibility for lost / stolen documents. i wonder if the BIA has any regular audits of their security procedures for safegaurding visa applicants documents and if any one has been taken to task among the employees for lost or stolen documents.

for example if you had a bank locker and things disappeared from it, it would mean criminal investigation and pinning responsibility on the officials responsible for security. why shouldnt the same rules apply for our valuable original documents submitted to the BIA. infact losing the originals might cause more hardship than losing some money. ignoring or not holding people accountable for loss of documents is rather like state sponsored and protected crime.

Everyone who applies for HSMP should have a strong interest in this topic. The documents sent with an app are too important, some more than anything money can by (as they are irreplaceable). I have also read numerous accounts of documents going missing or being returned damaged. Yet still others have been indifferent but that should not be the case. Please update on how you go about with this case.

I have contacted some lawyers but they told me do according to HO said.

I am totally confused. i have send them documents long back in June and now my Visa here is for another 3 months.

If you find any Lawyer who works for NO win No fee bases please forward the information.

I am spending every minute in depression and worries.

sham111 wrote:I have contacted some lawyers but they told me do according to HO said.

I am totally confused. i have send them documents long back in June and now my Visa here is for another 3 months.

If you find any Lawyer who works for NO win No fee bases please forward the information.

I am spending every minute in depression and worries.

I think the next thing to do, as suggested above, is to contact your MP. You don't have to see the MP - you can write - but it might be easier if you did see him or her. Most MPs run what they call "surgeries", which are simply occasions when they are available to talk to people that live in their constuency. You usually have to make an appointment, but the waiting list is not usually too long. Most MPs (all, probably) have a website that will tell you how to contact them.

I think that it is often helpful to take someone with you when you do something like this: someone you trust who can prompt you if you forget to ask any of your questions or follow up on any comments the MP makes, and so on.

sham111 wrote:I have contacted some lawyers but they told me do according to HO said.

I am totally confused. i have send them documents long back in June and now my Visa here is for another 3 months.

If you find any Lawyer who works for NO win No fee bases please forward the information.

I am spending every minute in depression and worries.

your options are as already suggested
-contact your MP in writing
-complain in writing to the information commissioners office regarding loss of your documents and to investigate this as a criminal investigation, as the records include you personal ID records and financial records. alos ask them what laws of uk can be used in such cases for pinning responsibility for loss of documents and what compensation can be expected for you hardship.
-complain in writing to BIA about need to pin personal responsibility on those that lost / misplaced / connived with your documents being pilfered. ask for names and designation of people who last had access to your documents and who was responsible for their safety under data protection act. specifically mention that the department and individual are liable for acts of ommission and commission for loss of documents under any applicable laws in uk.
-loss of documents eg. passports etc need to be reported to police before new passports etc are issued, so complain in writing to police about loss of your documents and ask them to investigate how valuable documents are lost / stolen and whether any criminal charges can be brought against those negligent / connived with your documents being pilfered for ID fraud purposes. this is a possibility and so needs redress.

for pro bono legal work, just use www.google.co.uk or ask JCWI, LIBERTY, immigration advisory service etc for information that will help or even legal help. try asking council help lines and citizens advice bureaus.

best of luck

Today i got a refusal letter from HO. Without my original documents shocking.

Well please guide me in the review they have not awarded me any point for prevoius earning.

I was studing my Msc in germany from August 2003 to February 2006.

Came to UK on Working Holiday Maker while studying in Germany , I came to Uk after registering Master Thesis in Germany and joined a part time course in June 2004 as per the working Holiday Guidelines.
Period of Study June 2004 to March 2006.

After that i became full time student from May 2006 to May 2007.

Now HO awarded 30 point for Master.
And they have awarded any point for for previous earning in India from 2002 t0 2003.
They told me that i was studying part time from June 2004 to March 2006 so they can't consider earning prior to that.

Please help them so that i can put across this point to them.

So let me know the format of covering letter for review.


Please Please do reply as soon as possible because i want to send the review ASAP.

Thanks a million

regards,
Younus

If HO lost your originals, you as a customer who paid your fees you have all the constitutional rights to sue them for negligence (professional negligence) in the course of their duty. Best option is to seek legal advice with an immigration solicitor law firm or a set of practising barristers who are immigration specialist. You can also claim damages for present and future prejudice caused to your career as you now have to seek new original documents and suffer delays in your immigration application. If someone says do as HO says please dont listen to them as I have friends who have successfuly challenged HO in landmark immigration cases. If you feel you can prove on a balance of probabilities that HO has been grossly negligent and you have substantial or circumstantial evidence then its worth lodging a case and get a Magistrate/Head of tribunal to settle this matter. If youve got evidence then dont ever be afraid against these people, even if you fail there is always a right of appeal and appeals sometimes reverse previous decisions.

I think this is a duplicate post...

but don't worry about them not returning documents. They don't on the first refusal as they always expect a review to be requested.

Victoria