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Caseworker error - appeal or is there another way?

Posted: Sat Sep 03, 2016 11:42 pm
by LilyLalilu
Bit of an awkward situation; my friend called me this afternoon saying that she got her DCPR application back this morning and that it was refused due to not having submitted a valid EEA ID or passport with the application. The thing is that she did submit one (a valid EEA passport) which she requested back in the beginning of August. It was returned very quickly (after more or less 4 days) so maybe they failed to make a note that it is not in her file because it was returned to her...
She still has the letter that came with the returned passport (which confirms that the HO definitely had it at some point).
Should she appeal (and potentially wait forever for an updated outcome) or is there a less formal way to make them aware of their obvious error and have them change the decision? Maybe make a complaint or just write a cover letter to the EEA team?! Has anyone else been in a similar situation and can advise how this was resolved?

Re: Caseworker error - appeal or is there another way?

Posted: Sat Sep 03, 2016 11:49 pm
by noajthan
Has friend ever submitted passport for RC previously?
Case law of Barnett may be your friend's friend here.

Re: Caseworker error - appeal or is there another way?

Posted: Sun Sep 04, 2016 12:01 am
by LilyLalilu
Unfortunately not, the DCPR application was her first contact with the HO; before this, she just lived in the UK as a qualified person (worker) for 7 years. Probably fastest just te re-apply, albeit an annoying waste of money..

Re: Caseworker error - appeal or is there another way?

Posted: Sun Sep 04, 2016 9:39 am
by noajthan
LilyLalilu wrote:Unfortunately not, the DCPR application was her first contact with the HO; before this, she just lived in the UK as a qualified person (worker) for 7 years. Probably fastest just te re-apply, albeit an annoying waste of money..
It does seem to be a HO error so a gently worded follow up letter may do the trick.

Re: Caseworker error - appeal or is there another way?

Posted: Sun Sep 04, 2016 11:25 am
by vinny
This reminds me of when they denied receiving an application.