On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair? The report stated that the UK Border Agency (UKBA) have shown â€numerous examples of very poor customer serviceâ€. The majority of complaints made to the UKBA are from people who are facing â€long delays awaiting a decision on their applicationâ€. She also found â€consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and informationâ€.†Significant progress has been made by the UKBA towards clearing their legacy backlog in asylum applications; the report makes clear that the UKBA have allowed backlogs to build up in other areas such as with applications for leave to remain from illegal entrants and overstayers and applications to remain under European law. It’s not all bad, as delay by the UKBA may of course help your case in particular if your immigration solicitor has applied for leave to remain on the basis of Article 8 for you. In 2008 the House of Lords confirmed the ways in which delay strengthens an Article 8 claim (EB (Kosovo) v SSHD [2008] UKHL 41). The UKBA’s recently updated Enforcement Instructions (January 2010) clearly suggests that any delay of 4 years or more will weigh in your favour when making a decision on your application. If your application has been outstanding for 4 years or more and you require legal advice from the UKs largest team of immigration solicitos please call 020 7923 4020 for assistance. For further information about Legal Aid and Duncan Lewis please visit our website †duncanlewis.co.uk. Our legal aid lawyers are based in and around London. As well as having a large team of immigration lawyers, Duncan Lewis also have high quality Employment Solicitors, Criminal Solicitors, Mental Health Solicitors, Family Lawyers and more.
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