Home Office damages for delay issuing residence document

[noajthan]

Hot off the press ...

Home Office pays £40,000 in damages for delay in issuing EU residence documents

Ref: https://www.freemovement.org.uk/home-of ... -documents

It appears there is potential to pursue actions for damages if there is a delay in the issuing of residence documents beyond the six month period allowed for under EU law.

Form an orderly queue.

[alex1128]

The HO will definitely declare bankrupt if every single applicants experiencing delays decides to sue them !!
But It is not clear how to start this procedure though ...

[noajthan]

The HO will definitely declare bankrupt if every single applicants experiencing delays decides to sue them !!
But It is not clear how to start this procedure though ...

Probably...contact a lawyer.

More on this fascinating concept here - including weighing up whether it's worth the effort:
https://www.freemovement.org.uk/claimin ... ent-rights

[secret.simon]

The HO will definitely declare bankrupt if every single applicants experiencing delays decides to sue them !!

Well, the Home office is funded by taxation and immigration fees and the government has declared their intention to make the immigration services self-funding.

So, if in theory, every EEA applicant were to sue for damages, the fees for non-EEA migrants, extortionate as it is, will have to increase.

There is a dark humour in the fact that damages for a document that costs £65 would cost others who already pay thousands of pounds even more.

[Petaltop]

So, if in theory, every EEA applicant were to sue for damages, the fees for non-EEA migrants, extortionate as it is, will have to increase.

Or they could add the costs of all this onto the fee for British citizenship, which would then price out many low skilled EEA migrants.

In reality, this decision will just be be more fuel for the UK's Leave campaign.

[chriskv1]

but as a lawyer I would find it hard to recommend to a particular client that they place themselves in the legal harm’s way by pursuing a damages claim of this nature unless it was very clearly worthwhile.

Why does the writer of the article (https://www.freemovement.org.uk/claimin ... nt-rights/) say that ? What legal harm is there ? Can someone elaborate? Thanks

[Obie]

What it means is this:

In EU law damages can only be claim if 3 conditions are met .

1. A right of yours must have been breached

2. The breach must be sufficiently serious.

3. Their must be a link between the breach and the loss incurred.

If the above 3 criteria are not fulfilled damages cannot be claimed as a matter of community law.

[chriskv1]

What it means is this:

In EU law damages can only be claim if 3 conditions are met .

1. A right of your must have been breached

2. The breach must be sufficiently serious.

3. Their must be a link between the breach and the loss incurred.

If the above 3 criteria are not fulfilled damages cannot be claimed as a matter of community law.

Thank you Obie.
What would be considered sufficiently serious ? If the home office delayed an EU family member their rights for over a year isn't it serious.
For eg. In my case I first applied as an unmarried partner before getting married. The application was refused.

A durable relationship is a relationship that is akin to a marriage .
So I have proved that I was in a durable relationship because I did get married later on.
In the end when they ultimately issue an RC , would I not have a case against them ? As under EU law they should've granted me a residence card in the beginning when I applied as an unmarried partner in a durable relationship with an EEA national ?

Also , The writer on the article says that a claimant would be placing themselves in legal harm's way.

I cannot see what legal harm there is , the worst that could happen is that the claim will be dismissed.
Am I wrong ?