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will HO bear losses if decision delayed due to their mistake

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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vinoth7007
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Joined: Sun Jun 08, 2008 12:56 pm

will HO bear losses if decision delayed due to their mistake

Post by vinoth7007 » Fri Jun 13, 2008 8:10 pm

I am not able to see such an issue posted before.

I read few people posting delay in their decision or even refusal of visa due to HO staffs mistakes. This delays them starting their job , paying for solicitors, reapply etc.,If these are appealed does HO bear the losses of the applicant.

Has anyone had any experience before.

I am sorry if this question is irrelavant to this forum . But it was just a thought. Your ideas please.

WoodieG
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Post by WoodieG » Fri Jun 13, 2008 8:37 pm

Not bloody likely, you could try to complain and claim compensation from them I suppose, or sue them (I suspect that would be v. expensive).
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Last edited by WoodieG on Tue Mar 08, 2011 5:05 pm, edited 1 time in total.

push
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Location: London
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Re: will HO bear losses if decision delayed due to their mis

Post by push » Sat Jun 14, 2008 12:21 am

vinoth7007 wrote:I am not able to see such an issue posted before.

I read few people posting delay in their decision or even refusal of visa due to HO staffs mistakes. This delays them starting their job , paying for solicitors, reapply etc.,If these are appealed does HO bear the losses of the applicant.

Has anyone had any experience before.

I am sorry if this question is irrelavant to this forum . But it was just a thought. Your ideas please.
Havee not heard of them doing it i past and have not heard of anyone trying to pushthem for compensation. The probem is,mostguys would be happy seeing their VISA appeal approved rather than get a compensation for a lapse on HO's part.

vinoth7007
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Posts: 31
Joined: Sun Jun 08, 2008 12:56 pm

Post by vinoth7007 » Sat Jun 14, 2008 9:34 am

I thought so push_hsmp. Thats why I think the ECOs and HO dont care about making mistake. If we do a small mistake we pay a lot for that. But they are not pushed. I dont think eople even make a complaint against them.

All these complaint system is to pave way for improving their own services. May be I might be even right in arguing that we need to help them by making complaints - make them realise how much their mistakes cost us. May be we are reluctant to do that fearing failure of future applications.

Do they atleast compensate for the legal costs if it is due to laose from their part?

push
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Post by push » Sat Jun 14, 2008 9:51 am

You are absolutely right. I have read cases on this frum where glaring mistakes were made by the case worker. One of my friend could not join a bank here in London (and it was a very lucrative offer) just because the case worker tried to corroborate his earnings with the bank statements of his sponsor and not with the applicants bank statements !! He sent numerous mails/letters to BHC, called them up a number of times but the only remedy suggested was to appeal which he did and won after 7 months ... by that time his entire world had changed and the VISA was of no use to him.

the problem is, even if the caseworker makes a mistake, nobody would accept that it was a malintention. And with regards to making a mistake is concerned, HO has "adequate" redressal mechanisms like administrative review and appeal in place. As I said earlier also, if an application gets rejected, his first priority is to get the decision overturned so that his primary objective of entering UK is fulfilled. Compensation for the losses incurred take second priority. Making a complaint would be an option for someone who is on sound footing (re his job/financial position). But, you are right that in cases where the cases have been botched up by the caseworker, the applicants should definitely lodge a complaint- not just an appeal.....hopefully the powers that be will be forced to make life easier for the applicants.

regards,

push_hsmp

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