UKBA visa application processing service & consumer laws

[tier-1]

Hello Friends,

Can you tell me whether the UKBAs service of assessing visa application is subject to general consumer laws or not ? And if so , can I raise a claim in court, six years after I was wronged by them.

Thanks

[tier-1]

Basically they had made and admitted their mistake in assessing my application but refused to refund my air travel ticket saying that they advise applicants not to book ticket in advance. However I don't think I am bound by their advise and that I want to claim this in court, five years after the incident.

[Casa]

You would be suing a non-existent Government department. The UKBA was disbanded in March 2013 and superseded by the UKVI.

[CR001]

In addition to Casa's comment, from your previous posts in 2011, it appears you already put a claim in to UKBA for your expenses. In the same thread, you say a person has 3 years to claim

http://www.immigrationboards.com/genera ... ml#p547287

[tier-1]

Yes three years is the time UKBA say and that may not be binding if they can be subject to general laws which gives up to six years to claim any owed money.

And that's why I am asking this question

Many thanks for you reply.

[noajthan]

Hello Friends,

Can you tell me whether the UKBAs service of assessing visa application is subject to general consumer laws or not ? And if so , can I raise a claim in court, six years after I was wronged by them.

Thanks

The issuance of a visa is not guaranteed. Even a valid visa does not guarantee entry into UK.

A visa is not a product or even a service.
The 'UKBA' (whatever that is) is not a 'shop' or a 'business'.
It's not clear how general consumer laws can apply.

[CR001]

Yes three years is the time UKBA say and that may not be binding if they can be subject to general laws which gives up to six years to claim any owed money.

And that's why I am asking this question

Many thanks for you reply.

So what happened to your claim against UKBA (now UKVI)? Why only now that you want to claim more for something that happened 5 years ago?

Now that they had admitted their mistakes and maladministration, last week I asked them to refund other incidental costs as well like the charges for flight cancellation ticket and the costs involved in hiring consultant for my second application. And yesterday I received a letter from them seeking the bills, based on which they will undertake the refund.

[tier-1]

They refused saying that applicants are advised not to book tickets.

I want to claim because they have increased visa fee so much. Have ti she'll put £2200.00 for my wife's visa

[CR001]

They advised, and have done for many years, not to book tickets until visa is granted. This has been very clear on their website and guidance. This was even the case when I did my first visa in 2008.

So basically, you want HO to repay you for something that they advise all applicants not to do (book tickets) because you now have to pay more for a visa extension for your spouse? Good luck with that one!! What does your spouse's visa extension have to do with your 'issue' from 5 years ago? They are two separate applications/issues.

Visa fees go up. Where there is huge demand for something, the price goes up. That is life.

[tier-1]

They can take unpredictable length of time and for the reason the advise stands valid but the advise cannot be a Pancea for their administrative errors.

Also increased visa fee is my motivation to pursue that case, not reason and neither do I intend to mention this anywhere. As this was asked I was just being frank.

[tier-1]

Coming back to original question, can I raise this as MCOL claim.

[CR001]

Coming back to original question, can I raise this as MCOL claim.

Of course you can, anyone can raise a MCOL. Whether you will be successful is another story. Maybe spend your money on the visa extension instead of dragging HO through court as if you lose (highly likely), you will probably have to pay HO legal costs.

[tier-1]

Mcol does not have risk of incurring legal cost

[Casa]

There is of course a court fee for a MCOL. However, this is a dead end in your case as:
You cannot use MCOL to make a claim against:
 a child under 18
 someone who lacks 'mental capacity' (someone unable to make their own decisions)
 the Crown or Government departments
 your landlord under the tenancy deposit scheme (more information is provided at
https://www.gov.uk/tenancy-deposit-protection)
 a claim as a result of a tribunal award

[CR001]

You can't use MCOL for claims against government departments.

http://www.justice.gov.uk/downloads/cou ... -guide.pdf

You would likely have to use the far move expensive Civil Procedure Rules through the County Court under whichever sub section you think or your solicitor thinks is relevant, think the application fee is just over £1000 to start the process. For this, if you lose (likely), you will be responsible for HO's costs.

If you have this kind of money to throw around for a long drawn out court process (and HO can drag this out nicely), you might as well just pay the visa extension fee for your spouse.