Can I Claim My Expensive Against The Home Office

[wimike]

Hi

Can anyone advise me to whether i can claim compensation against the Home office.

I applied for a fiancée visa in April 2007 for my then girlfriend ( now my wife married 2/01/2008 Thailand), it was refused in July 2007 by the entry clearance officer on the grounds of rule 290 sub paragraph (iii) and sub paragraph (vi) latter conceded rule 290 sub paragraph (iii) i applied against the decision and it went to an hearing of the AIT Manchester March 2008 ,extract taken from judges finding AIT hearing Manchester March 2008,

(The entry clearance officer had taken issue with the parties relationship and intentions, however their relationship and ability to satisfy sub paragraph (iii) of the rule was conceded in the explanatory statement having regarded to the abundance of documentation that had been submitted.)

Having been i a relationship with my girlfriend since May 2005 and documentation to support this.

This left sub paragraph (vi).extract from AIT judges finding.

(The entry clearance officer had originally based the refusal on the fact that the sponsor's bank account was generally low in funds or overdrawn however having looked at the statements myself i am satisfied that this was no more than a normal expenditure of income together with the modest use of an authorised overdraft facility. The sponsor net salary of £---- is clearly seen going into the account each month.)

(It follows from the above finding that as at the date of the decision the sponsor's financial circumstances were such that he was quite capable of maintaing himself and the Appellant without recourse to public funds and that the requirements of sub paragraph (vi) are met.)

Can i claim my expenditure from the July 2007 refusal to the date she got her visa as granted by the judge at the March 2008 hearing in Manchester.

My wife has know her visa (May 15) and his living with me in the UK

Any advise and this matter would be much appreciated

Thank you

[PhilHarries]

I've no experience in these matters but I'd guess not. They have not admitted to a mistake, the refusal and subsequent issuance of the visa were based on the opinions of the officers reviewing the details. The issuance of visas is always subject to the whim of the embassy staff and, inevitably, errors occur.

Sorry but I don't think you stand much chance but what the hel_l give it a go, if you don't ask you'll never get anything.

[the scouser]

Ultimately, there is no sanction against a visa officer who makes an indefensible decision: he just shrugs his shoulders, thinking well I lost that one, and moves on to the next case. The only thing that is going to make them sit up and take notice is if people do start suing them for damages.

There is no reason why you shouldn't instigate an action in the Divisional Court, but you'll need to speak to a solicitor first, and the actual process may be costly if you do not win.

Scouse.