how to sue home office

[dilse4srk]

Can somebody please guide me on how to sue home office. Also let me know if i do go for it. What are the expenses for tgis

[noajthan]

Can somebody please guide me on how to sue home office. Also let me know if i do go for it. What are the expenses for tgis

Contact a lawyer.
Deep pockets required.
And this is not an immigration matter.

[dilse4srk]

Is it solicitor fee which u r talking about or other expenses/ court fee

[ohara]

Potentially both; if you lose in court you will have to pay the Home Office's costs, and you'll be paying the solicitor regardless of the outcome.

[Obie]

Before proceeding with damages claim, you first need to decide which rights of yours were breach, whether the breach was deliberate, and whether your lost anything as a result of breach.

[Wanderer]

...and what was done to mitigate any losses.....

[dilse4srk]

Obie

I quit my professional highly paid job because of silly refusals from home office which do not make any sense
We proved our private and family life before judge 2.5 years ago and i was given visa on human rights.
Now home office listed my 8 years legal residency in refusal and the next line states "at the time of application you only lived in uk for 6 months and your wife should live with you in your home country". this is a complete non sense, there is no genuine refusal as such. And now they gave me in country appeal right which means i will be going to FTT as i did 2.5 years ago. waste of time along with no job. Do you think i have a strong case to sue them

[Obie]

It unfortunate what you went through. However the laws and policy have changed since you were granted leave outside the rules. We now have the 2014 acts which was not available then, so judges discretion are tightly controlled.

I must say that you were fortunate with your first appeal as the test of insurmountable is really tough.

If there is kids, then it is much easier.

You could have saved yourself this stress and loss, if you had heeded to the advise we gave you and apply under the 5 years route. However that option appear to be firmly shot.

The Home office appeared to seek to buy time to grant you appeal under the new system, which permits certification at any time.

The only basis in law may be if the certification was wrong, then you incurred a loss, as the subsequent grant of appeal means the certification which denied section 3C and loss of employment was wrong. Very technical argument. However a challenge on the basis that you were entitled to visa will be bound to fail as no such rights is available to you in law.

I know you are loyal to your solicitor, that he assisted you in your previous appeal. However in not applying for you under the 5 years route, he was wrong, and the consequences will be long felt, as I advised you on many occasions following your refusal.

[secret.simon]

OP's more detailed history: http://www.immigrationboards.com/immigr ... 16557.html

What precisely do you intend to sue the Home Office for? Do you intend to sue for a renewal (as in a JR)? Or do you intend to sue for emotional distress and loss of earnings, etc?

Having looked at your history, I am a bit surprised that you did not switch over to the FLR(M) route as soon as you became eligible. But then hindsight is 20/20.

Where in the UK are you based? Be aware that the Scottish legal system is significantly different from the English legal system and that what you can attain through a law suit may vary significantly.

Be aware that in English legal cases, the loser generally pays the fees of the winning side. So, even if you went for a no-win/no-fee solicitor, if you lost, you would still pay for the Home Office's legal team.

I see that Obie has responded in the meanwhile and, being learned in the law himself, I would leave you to be guided by him.

[Obie]

OP's more detailed history: http://www.immigrationboards.com/immigr ... 16557.html

.

I see that Obie has responded in the meanwhile and, being learned in the law himself, I would leave you to be guided by him.

My views are in no way superior to your or anyone else's. Even those views that I found questionable are still good , as they cause me to consult books, in ways I would not have done, had it not been expressed on the forum.

Re OP: were you sacked or told to leave, or was there a negative ECS checks? This may be relevant . If you decided to resign, then it may be argued that it was not home office that caused you to leave. Is your Job still available? These will all be a relevant factor.

[dilse4srk]

It unfortunate what you went through. However the laws and policy have changed since you were granted leave outside the rules. We now have the 2014 acts which was not available then, so judges discretion are tightly controlled.

I must say that you were fortunate with your first appeal as the test of insurmountable is really tough.

If there is kids, then it is much easier.

You could have saved yourself this stress and loss, if you had heeded to the advise we gave you and apply under the 5 years route. However that option appear to be firmly shot.

The Home office appeared to seek to buy time to grant you appeal under the new system, which permits certification at any time.

The only basis in law may be if the certification was wrong, then you incurred a loss, as the subsequent grant of appeal means the certification which denied section 3C and loss of employment was wrong. Very technical argument. However a challenge on the basis that you were entitled to visa will be bound to fail as no such rights is available to you in law.

I know you are loyal to your solicitor, that he assisted you in your previous appeal. However in not applying for you under the 5 years route, he was wrong, and the consequences will be long felt, as I advised you on many occasions following your refusal.

Obie

When home office issued me visa out of immigration rules 2.5 years ago. They did write in letter that you have been granted leave under 10 years partner rule. Please continue to extend your visa with the extension of 2.5 years or apply for ILR if you are eligible after 4 extensions or in your case after 60 months.

that is the reason we applied under 10 year partner rule. We could not apply flr m because for that i had to leave country and re apply from home country and i did discussed with not1 but 2 solicitor and 1 barrister.

How long are appeals taking place. I sent the appeal form today any idea when can i expect to hear from tbem or get a hearing date

[Obie]

That is clearly wrong. The advisers are mixing up DLR which prevented a person from switching within UK and the 10 years route that you were given, which clearly permits switch.

The views expressed by the people you contacted is consistent with paragraph 284 of the immigration when it was in existence not Appendix FM.

Even yesterday a person I advised to switch notified forum of success.

Sure you remembered this thread.

http://www.immigrationboards.com/immigr ... 19972.html

Anyway it is under the bridge now. Appeals take about 20 months these days, when I called the tribunal last week.

[Obie]

For completeness I will show you the confirmation from Home Office after the new rules came into effect on the 9th July 2012, that people granted leave outside the rules can indeed switch.

https://www.whatdotheyknow.com/request/ ... 5.pdf.html

It will help if you showed this to the 2 solicitors and barrister that said it was not possible, so they can update themselves accordingly. This may prevent them from making similar mistake in order cases. You don't have to believe what I write, but see what Home Office itself wrote.

I believe if I am able to prevent them from giving the same advise they gAve you to other's then I guess I would have at least manage to achieve my purpose on this forum.

Your case could go 2 ways. A judge may conclude that you have legitimate expectation and leave ought to have been granted. Another will say the previous judges decision has no binding on Home office in regards to future application, and that you need to demonstrate eligibility under the rules on any subsequent application.
Home office may argue that the judge should not look at policy but the 2014 act, and that you formed your relationship with your partner at a time when your status in the UK was precarious and therefore within the meaning of 117B(5), little weight should be given to your private life.

So it is 50/50 and bear in mind that Home office may appeal. Under the 5 years route, as you have a degree, lawful status and sufficient earning, and in accordance with their policy, which has changed, in light of the fact that you r 10 years was issued within the rules, they would have had difficulty finding a basis to refuse.

However under the 10 years route, there will be difficulties if the judge decide to reopen the question of whether their is insurmountable obstacle to your wife joining you in your home Country. If it is agreed that the point must not be opened, then your chances may be a lot better.

[dilse4srk]

Obie
thanks for this information. I will be discussing this with my solicitor. I have a general question

when i was refused flr fp this september. I was told not to work

so i stopped working. Now they gave me in country appeal after we sent them PAP and they decided to reconsider.

do you think i will have work rights during appeal as in my previous leave i did have work rights.i sent a letter to home office asking this but i doubt if i get a reply

[secret.simon]

You would have your leave (and the conditions and rights attached to it, such as the right to work) extended under Section 3C until the end of the AR process.

Generally, PAP and a JR application, to the best of my knowledge, do not extend leave and so currently, until the time the JR is successful or the Home Office withdraws the case and makes a fresh grant of leave, you would not have the right to work.

But as the PAP has resulted in an in-country appeal and a reconsideration of your application, I am not sure of Section 3C leave would revive. I would wait for others to comment.

[dilse4srk]

Just to make things clearer which is confusing me about my work rights.

in september when i was refused. I was given out of country appeal rights. We sent pap and home office decided to reconsider my application.

After they refused the reconsideration they now gave me in country right of appeal which we have already actioned. My solicitor is not sure whether i have work rights so he wrote a letter to home office which we are waiting for a reply. we will be going to first toer tribunal so it is not actually a judicial review