Can we Sue UkBA ?

[ILR1980]

My friend won appeal against UKBA after long wait of one year. He was detained illegally just after he applied for tier 1 HSMP visa and they also declined his visa application without any valid reasons. He won the right of appeal but they never gave him right of work during all this appeal process which took one year. Right of work is the legal right of everyone who apply for leave to remain under Tier 1 HSMP from tier 1 psw. At the end, now he got HSMP visa but can he sue UKBA for not giving him right of work for one year and all that financial/mental damages ?

Thanks Guys

[Lucapooka]

Anyone can process anyone for anything; whether there is merit in that process or grounds for compensation depend on the circumstances and you have not not given nearly enough information to indicate anything. You are wasting your time asking this question in its current format.

[usman81]

baring queen, you can sue every one!!!

[ILR1980]

Anyone can process anyone for anything; whether there is merit in that process or grounds for compensation depend on the circumstances and you have not not given nearly enough information to indicate anything. You are wasting your time asking this question in it's current format.

I was asking that if a person suffered one year because of wrong decision of UKBA. Can he apply for compensation ?

In this case they detained him illegally, has not given him right of work which was his legal right during appeal process of one year. He spent plenty of money for personal living expenses as well as lawyers fees .He won the appeal case against UKBA which suggest what UKBA did was against the laws and procedures and why they should not held responsible for their wrong actions?

[Manka10]

Anyone can process anyone for anything; whether there is merit in that process or grounds for compensation depend on the circumstances and you have not not given nearly enough information to indicate anything. You are wasting your time asking this question in it's current format.

I was asking that if a person suffered one year because of wrong decision of UKBA. Can he apply for compensation ?

In this case they detained him illegally, has not given him right of work which was his legal right during appeal process of one year. He spent plenty of money for personal living expenses as well as lawyers fees .He won the appeal case against UKBA which suggest what UKBA did was against the laws and procedures and why they should not held responsible for their wrong actions?

denying visa without valid reasons & illegal detention are pretty serious incidents though its quite unbecoming of UKBA to do this. having said that, am not doubting your harrowing experience in any way.

if you think you have a strong case then by all means sue for a hefty compensation that can include loss of income, mental agony etc

your next stop should be a lawyer's shop who specialises in dealing with such cases and who does legal aid too as you dont want to pay through the nose lawyers exhorbitant fees

[benneviss]

yes you can , but I would prefer to speak to a solicitor about your merits and quantum

[Gregarious]

yes you can , but I would prefer to speak to a solicitor about your merits and quantum

Yes, you can sue any one if your case is strong enough including UKBA (a giant organization). But it is better for you to manage it very tactfully, you can hire a Lawyer's services on percentage base. If you win, he will get 40% or mutually shared. It will save your money and no loss in the end.

Happy ending............

[rakeysh.patel]

My friend won appeal against UKBA after long wait of one year. He was detained illegally just after he applied for tier 1 HSMP visa and they also declined his visa application without any valid reasons. He won the right of appeal but they never gave him right of work during all this appeal process which took one year. Right of work is the legal right of everyone who apply for leave to remain under Tier 1 HSMP from tier 1 psw. At the end, now he got HSMP visa but can he sue UKBA for not giving him right of work for one year and all that financial/mental damages ?

Thanks Guys

How do you class his detention as "illegal"? Surely they do not do this for pleasure as it costs them from their budget. My understanding is, they would only put someone in detention if they have valid reasons. Whether those reasons (which are valid according to UKBA) are valid or not, needs separate dealing in court. So for starters, you need to find or ask UKBA for explanation as to why your "friend" was held up in detention.

[Gregarious]

How do you class his detention as "illegal"? Surely they do not do this for pleasure as it costs them from their budget. My understanding is, they would only put someone in detention if they have valid reasons. Whether those reasons (which are valid according to UKBA) are valid or not, needs separate dealing in court. So for starters, you need to find or ask UKBA for explanation as to why your "friend" was held up in detention.

I think he used word 'Detention' because he was unable to work in UK. I agree with you comments. Straight forward