In the High Court of Justice - Queen's Bench Division - Administrative Court
The Claimants in this case are a brother and sister who are Indian nationals, who came to this country lawfully on student visas, which were later extended for post-study work leave in 2008. In 2010, the Claimants sought to extend those visas. The immigration advisor who acted for them failed to put in applications based on true facts, and unknown to the Claimants, put in claims based on fraudulent documents. The Claimants have therefore been badly let down by an immigration advisor who has since served a prison sentence for fraud. As I explain below, they have also been ill-served by the Home Office, which mishandled their case. As a result of the immigration advisor's actions, they were wrongly suspected of having used deception to remain in the country in March 2012; and detained before they left the country.
They have accordingly been subjected to an unlawful period of immigration detention for a period of seven days between 14 March 2012 and 21 March 2012, and in their removal from the country in circumstances in which they ought not to have been required to do so. Their appeals, conducted out of country, were also mishandled by the Defendant, with documents being lost, and many delays. Once the appeals were allowed, there were severe delays in action being taken to consider how to address the consequence of that.