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Joy Nicholas
Joy Nicholas, Lawyer
Category: Immigration Law
Satisfied Customers: 2504
Experience:  Lawyer
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The Home Office has issued wrong ARC cards for me and my

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The Home Office has issued wrong ARC cards for me and my wife, so it caused us being jobless for almost 1 year. The HO
neither responded to my requests to fix this nor to my lawyer's, so damaged our financial and moral health. Please tell me how can I sue HO and claim a compensation.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

You cannot sue the Home Office for these issues. You can if you wish try judicial review which is legal action where the actions of the Home Office will be considered but it will not usually change the decision made and will cost many thousands of pounds due to the issue fee and the use of specialist lawyers required. I am sorry I cannot give you better news.

Customer: replied 6 days ago.
Hi Jeremy, I'd like to highlight my question which is about HO's mistake? (I am not concerned about a decision.)

As I said, you cannot sue them, you can bring legal action for judicial review which as I have also said is extremely expensive. It will cost you around £1000 in court fees to get to a hearing and at least 10 times that in legal fees, so if you have say £20,000 to spend on a court case you can go ahead. You can try this firm: https://www.draycottbrowne.co.uk/appeals/judicial-review

https://www.hja.net/legal-services/civil-liberties-and-human-rights/judicial-review/

I trust this assists

Customer: replied 6 days ago.
I am not interested in law firms, could you please reply any bureau, court, website from within Home Office's sources or HMCT?
No there is no such source within the Home Office as to where they say you can sue them as requested because you can’t. The court for judicial review is the high court. I trust this assists
Hello,
I am sorry you are not happy with the answers given so far.
I wonder whether you're ok with continuing to wait for an answer from a different Professional. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Oleksandra
Customer: replied 3 days ago.
I'll wait
thx

Hi, thank you for your message. I am sorry to hear about your situation. I hope I can help. Can I confirm you mentioned they did not respond to your lawyer, what requests were made by yourself to the HO?

Customer: replied 2 days ago.
HO has a portal for requests about mistakes in ARC cards
I filled those online forms 6 timeS
also my lawyer took actions with this regard
HO didn't respond to any of us
Recently l used [email protected]
and discussed the matter
they clearly replied on my favor
but when l sent requests to correct our ARC
it's left unanswered again since last 5 months
Customer: replied 2 days ago.
These mishandling has caused my wife banned from work, despite HO's confirmation about that mistake and myself let down from jobs as my ARC had errors
All in all l had to empty my savings, withdraw my pension funds and finally borrow heavily from friends
While the HO themselves have agreed on their mistake
l expect there must be a path to get a compensation
Right?

Hi, thank you for your message. I am sorry to hear about your situation. I can understand this to be difficult. It is very difficult to claim compensation from the home office and this is very rare. However, if you have clear evidence such as their admission of fault this may be possible. You can read more on this site: https://www.freemovement.org.uk/pursuing-compensation-from-the-home-office/

You can also read more about complaining to the HO here: https://www.gov.uk/government/organisations/home-office/about/complaints-procedure

You should make a formal complaint through their complaint procedure and set out your case and attach evidence to support your claim i.e. evidence of them admitting fault. I know you have already sent a complaint. There may be major delays due to covid but you will need to keep contact them. Otherwise you will need to make an application for judicial review through the courts. Your solicitor can help you with both these procedures.

I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions. Best wishes.

Joy Nicholas, Lawyer
Category: Immigration Law
Satisfied Customers: 2504
Experience: Lawyer
Joy Nicholas and other Immigration Law Specialists are ready to help you
Customer: replied 2 day ago.
I'll go for it.
Many Thanks.

Hi, No problem. All the best