UKBA(UKVI) SUBMITTUNG FALSE INFORMATION

[rachel29]

This is a long running case . But some new infromation came to light lately which I really need to know what to do as next step.

ukba put false information on immigration file relating court recommendation for deportation this was 2009 or before. no back up documents for this and infact when this came to light we got proof from court that this was false 2013.

The [b][u]assumed[/u][/b] court reccomendation for deportation was then passed on to the secretary of state in submission for consideration of exclusion decision.

This decision was not passed on to anyone even though they had contact info.

We then applied for spouse visa early 2010 and were refused due to finances and the exclusion ,appealed and finances over turned but still the exclusion.


May I also add that the information that came to light in 2013 was also with held along with a vast number of documents from information access file released to solicitor in 2010/2011.

May I add this is just one of many issues but I see this as being a starting point for alot of the events that happended after that date.

spouse visa refusal
appeal
appeal refusal
eea visa refusal

we are taking this matter further under diffrent process but are bieng asked to accept an apology surly this is not the only action that can or should be taken?

[rachel29]

Please anyone visa refused due to
UKBA saying was court recommended deportation which we have document proof did not surely there is something to be done about this .

[Amber]

So where did they get the document stating a deportation order was served if not by the court?

[rachel29]

There was no document.

They said that a sentence that did not meet automatic deportation criteria might have a court recommendation for deportation.They said it was incorrectly assumed that mr xxxx was court reccomended for deportation.

he was excluded

This being what they have said:
"Subject fits ccd criteria for considertion of exclusion due to being recommended for deportation by the court"

Which just came to light this happend 2009. It has been misinterpreted as having been assumed just last year but from the above sentence and documentation this assumption was made 2009 or before.

We are being expected to accept apology but surly this can't be right.

If we submitted FALSE documentation we would have serious reprecutions so what can we do about ukba doing this.

[Amber]

What sentence did he get?

[rachel29]

5.5 months in 2007

[rachel29]

This info is on top of lost files, missing documents,wrong info etc

[Amber]

Have you got a transcript of court proceedings to see if deportation was mentioned?

[rachel29]

We have court documentation/confirmation that no deportation was recommended And UKVI also admit this and say it was a error.

[Amber]

The most recent refusal was when and for what?

[rachel29]

Visa refusal would be EU family 2013 exclusion.

Visa refusal EU family 2012

spouse Visa refusal exclusion 2010

refusal to remove exclusion letters
2013,2010

[Amber]

Did you ask for a review of the refusal?

[rachel29]

We were told by embassy they don't review need to appeal for eea visas .

Spouse visa initialy was finance and exclusion appealed ,finance over turned they made a dummy file and created exclusion decision for this which was not in his immigration file and no other documents for exclusion.

Refusal to remove exclusion was in late 2013 file is being investigated as there is other maladministration,errors and mistakes by other body , yet we are still expected to accept apology like it has had no effect on our lives or our children.

Access release on early 2009 file lost papers missing.
Access release 2010 file lost but more papers missing even since 2009.
Access release 2013 file lost but different documentation pre2010 but still documents missing after 2010.

we only found this out in December that this was in file.

[Amber]

So you are making a new application?

[rachel29]

Is in final stages and is upheld but we are being asked to just accept apology as has been read that assumption was made 2013 but was 2009 which we are proving. 2013 was when they tried to get back up for there mistake.


is there any point in reapplying?

They have not corrected any mistakes.

If the mistake had not happened then no exclusion would of been placed and 2010 visa would not of been refused.

Why should we accept apology for them using FALSE information they would not just accept if we had done same.

Also we have been complaining and questioning exclusion since 2010 through mp,MEP and the appeal solicitor and at no point was this fact released to anyone.

[Ido]

This is a reply on assumption that you want compensation and your records changed and you haven't sorted out your issues with HO. Here is my opinion.I think you should make a formal complaint to the HO using email (how to make complaint)on their website specifically saying an apology is not enough since you/family experienced hardship/embarrassment or financial loss through all that money you spent on visa applications. Your applications failed because of wrong information held on HO files. You should explain why you think they are wrong not to change details or remove errors they've made on your records they hold about you. Gurus should have links for HO policy on changing records. It would be good to quote this.They should reply in 20 working days. If you aren't satisfied, as they'd most likely just re apologise then email them again to say you aren't satisfied. They will give you a final reply within another 20 days. If you are still not satisfied, download complaint form from parliamentary ombudsman website, fill it, take it to mp to sign and pass it to parliamentary ombudsman office. Attach all evidence of HO mistakes, visa receipts if you have them. If your complaints are valid, the ombudsman can ask HO to repay visa fees and compensation for distress/hardship. Job of caseworkers is to try to save Secretary of State from financial loss. They will rarely offer compensation on first incidence.