Where should these students go for redress?
Student A's immigration application has been refused. She has the right of appeal and she wants to appeal this decision.
Home Office
No, however if she did not have the right of appeal she may have the right to request an administrative review by the Home Office.
Tribunals and courts
Yes. Appeals are submitted to the First Tier Tribunal.
Parliamentary and Health Service Ombudsman
No, the Ombudsman cannot be involved with appeals, only complaints forwarded by the student's MP.
OISC
No, the OISC can only investigate complaints against the student's immigration adviser.
Student B was detained for five hours when he arrived in the UK because the Home Office had incorrect information about him. He has followed the Home Office complaints procedure but he is not happy with the outcome.
Home Office
No, the student has already complained to the Home Office and now needs to take the matter further.
Tribunals and courts
No, there is no right of appeal against the detention, although the student might wish to seek legal advice about whether he can claim compensation for wrongful detention.
Parliamentary and Health Service Ombudsman
Yes. The student's local MP could be asked to refer the complaint to the Ombudsman; students cannot contact the Ombudsman themselves.
OISC
No, the OISC can only investigate complaints against the student's immigration adviser.
Your institution agreed to help Student C make his immigration application, but lost his passport.
Home Office
No, the Home Office will not investigate complaints about immigration advisers, though it can refer concerns to the OISC.
Tribunals and courts
No, there is no right of appeal against the loss of the passport, although the student might wish to seek legal advice about whether he can claim compensation for professional negligence.
Parliamentary and Health Service Ombudsman
No, complaints to the Ombudsman must be about government departments
OISC
Yes. The student should already have complained to your institution. Do you know what the complaints procedure is at your institution?
Student D has just found out that her biometric residence permit was sent to the wrong address.
Home Office
Yes. The Home Office has a formal complaints procedure that should be followed in the first instance. If financial loss has occurred because of the error, compensation should be requested at this stage, as it will not be volunteered.
Tribunals and courts
No, there is no right of appeal against the misdirection of the document.
Parliamentary and Health Service Ombudsman
No, complaints to the Ombudsman must follow complaints to the government department itself
OISC
No, the OISC only investigates complaints about immigration advisers, not the Home Office.
Student E has been granted leave to remain, but has not been given permission to work, though the Immigration Rules provide that he should have been.
Home Office
Yes. There is no right of appeal to the tribunal where the Home Office grants a person leave. For an error of this type the student needs to ask the Home Office for an administrative review so it can correct the mistake.
Tribunals and courts
No, there is no right of appeal against incorrect conditions, only refusals of leave.
Parliamentary and Health Service Ombudsman
No, complaints to the Ombudsman must follow complaints to the government department itself
OISC
No, the OISC only investigates complaints about immigration advisers, not the Home Office.
