Recourse for bad/inaccurate information given on the Home Office help line
The Home Office sponsors a type of help desk where people can call them or exchange emails or even engage in live chat.
When someone calls the Home Office with a question about a Visitor Visa and the help desk provides an answer which is totally wrong (or even worse, harmful), what recourse is available?
For example, someone might be told on the phone that it's fine to submit credit card statements in lieu of bank statements. And then their application is refused.
When something like this happens and the person gets removed from port or has an application refused, the person may react with anger or indignation because they acted in good faith from an "official source" and acquired a pejorative immigration history as a result. The loss of GBP 83 application fee may be insubstantial to the person, but few would consider this to be the main point anyway.
The Home Office also sponsors a complaint procedure, but it's already known that filing a complaint about a refusal will not cause them to reverse a decision. And after a person has been removed from port, a complaint from abroad is likely to be seen as futile.
Can the person insist upon receiving a visa? Or can they take the Home Office to court to recover their lost expenses? If the help line gave the person a positive expectation that their application would be refused, does it count as a contract?
Beyond using the Home Office's complaint procedure, what path(s) of recourse is/are available to the person who received bad/inaccurate information from the official Home Office help line?
Credible/authoritative sources please.
Best Answer
Your legal claim has no standing.
Visas are not a service or product that is sold to you as a consumer by a private business under a contract. You will have no luck persuading a court that this would be a reasonable way to run the immigration service. Even if you did, UK law has already provided how appeals to immigration decisions must be made.
An appeal against an immigration decision must be in accordance with the rules specified in http://www.legislation.gov.uk/ukpga/2002/41/part/5. I will not post them here because they are rather long, but "our agent gave you bad advice" is not in the list.
Moreover, the judicial system respects that the issuances of visas is basically a political matter and will be reluctant to interfere, unless it is evident to the court that it is a serious injustice. £83 is not a serious injustice.
Your second option, if you believe the government acted unlawfully, by which I mean, not in accordance with the immigration law, you could also bring an action for judicial review. The judge is limited to deciding whether the home office acted in accordance with the law. This means, dry stuff like, did you actually file the documents in 27 days but the Home Office thinks it was 29 days which is too long? The court will not consider any new evidence. The process is very expensive and even if you win you may not be awarded costs.
Your best recourse is to follow the complaints procedure and to apply again.
https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-uk https://www.freemovement.org.uk/visit-visa-refusals-appeal-or-judicial-review/
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How do I contact the UK immigration?
Call Immigration Advice Service on 0333 305 9272 for immediate advice and support from qualified immigration lawyers.How do I email my Home Office?
This website makes all correspondence public. You can write to the Home Office directly using: public.enquiries@homeoffice.gov.uk.What is the Home Office reference number?
You'll be asked for a Home Office reference number (sometimes called a 'case ID'). This number will start with the first letter of your last name, and be followed by 7 numbers. You'll have received this number when you first applied.How long does it take to get a decision letter for BRP?
When you'll get your BRP. Your BRP will be sent to your address by courier. You cannot collect it from us. You should usually receive it within 7 to 10 days of getting your decision letter from the Home Office saying that you can remain in the UK.6 Ways To Fast Track The Home Office For A Decision To Your Immigration Application
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