Warwickshire Solicitor echoes findings that "immigration service is failing"

A recent report by the Parliamentary Ombudsman has found that the UK Border Agency cannot even perform “basic” functions and has built up an additional new backlog of 110,000 applications for leave to remain and for residence in Britain.

 

This is on top of almost 500,000 cases which are still being considered under the 2006 case resolution exercise, or legacy programme, which handles certain cases from 1994 to 2004.

 

Coventry’s Nagina Rashid, a solicitor in the immigration department at Warwickshire firm Alsters Kelley, has first-hand experience of the pain these delays can cause.

 

“It would be tragic if it were only a few families who were affected,” she said. “But, we see cases on a weekly basis of people who have been waiting years for decisions about whether they can stay in the UK.

 

“Many of our clients want to work, to integrate into UK society and to contribute to the country that is providing them with a safe home – but until a decision is made by the Home Office about their right to stay in the country, they are unable to get on with their lives.”

 

Ms Rashid is currently working with a client in Coventry who has been waiting for a decision from the Home Office since 2003.

 

“The gentleman arrived in the UK in 2002,” said Ms Rashid. “He then claimed asylum, which was initially refused, and was given exceptional leave to remain for one year. In that time, he submitted his application for further leave to remain and receipt was acknowledged by the Home Office.

 

“However,” she continued, “he has still not received an answer. Life is on hold for his whole family. His son is doing exceptionally well on a language degree at university but is hugely disadvantaged on the course as a year abroad is considered integral and he will not be granted access to return to his family in the UK if he leaves the country. The Home Office has even been sent letters of support by his university.”

 

Ms Rashid says she has dealt with cases where people have been in the UK for over a decade without a final decision being granted by the Home Office. “However,” she says, “this case is unusual because there have been no interim appeals and the family has been waiting on the outcome of the original application for further leave to remain, which was submitted in time, for seven years. The only communication from the Home Office has been in the form of standard letters and, within a six month period, three separate case owners were allocated to the case.”

 

Ms Rashid says her clients are angry because the Home Office standard letters include the phrasing, ‘your case is among the backlog of older cases which the UK Border Agency is working to conclude’ yet the managers she speaks with deny there is a backlog.

 

Alsters Kelley welcomes the changes to the appeals process being introduced this month but warns that it may not be enough to undo the pain caused to the thousands of people currently waiting for a decision so they can get on with their lives.