I got a response to my FOI request, so I decided to Fire off an email in reply to it. The main problem being: The response was clearly a little discriminating.
FAO: Paula Scott, Senior Caseworker.
I am writing to you in regards to the application of my wife: Mrs x
Royal Mail Package: x (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
(This is further to all of my previous emails / letters ETC to which I have failed to receive a reply)
So, after receiving a response for my FOI in regards to an IS96 document ETC, it seems apparent that my wife should not legally be required to report to UKBA ETC.
My FOI request can be seen here:
The specific section of the request which I refer to is the following:
Some people given Temporary Admission will be neither an asylum seeker or failed asylum seeker. Those who have been granted Temporary Admission have no immigration status, are liable to removal and can generally avoid a breach of their rights by returning home. It is the claimants’ responsibility to return home and not the Secretary of State’s responsibility to support those who choose to remain in the UK illegally.
The problem being: my wife is not remaining in the UK illegally. She has a derivative right of residence – and therefore DOES have an immigration status!
She does not hold a UKBA issued Residence Card ETC, but your own document located here:
Residence Documents issued under the Immigration (European Economic Area) Regulations are not mandatory.
A derivative right of residence falls under the Immigration (EEA) Regulations.
Therefore, as previously requested, I would expect a written response to this email, along with all other messages, within the next seven days. I have not received a response in connection with the complaint raised yet even more members of staff at the UKBA seem to figure it is fine to suggest immigrants to the UK return “home”.
The definition of “home”:
How can it be considered OK to refer to somebody’s country of nationality as “home”, and to even suggest that an “applicant” return “home”. Surely this is a clear breach of discrimination laws!
Obviously, UKBA should be treating ALL people equally, regardless of race, nationality, religion ETC. The comments which have been made to my wife, and are even in writing on this document clearly do not demonstrate this!
I wrote to you on the 14th Feb, and received a response giving a five working day response timeline. No message has been received.
I raised a complaint on behalf of my wife, and nothing has been actioned with this complaint. I would therefore expect to know the next step on the complaints process… As you can see, these messages have already been sent onto my MP. This case has been ongoing for over three years.
On the judgement of Case C-34/09 which stated the parent of an EU citizen has the right to live and work in the member state my wifes reporting conditions should of been halted, as her “Temporary Admission” was a Derivative Right of Residence. – Regardless of whether she registered via the EEA2 / DRF1 forms – as your own documents state that an EEA application is NOT MANDATORY!