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Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of other investigations completed
FOREIGN AND COMMONWEALTH OFFICE
Refusal by the Foreign and Commonwealth Office (FCO) to grant an entry clearance visa
On 18 August 1996 an entry clearance officer refused a woman's application for a visa to visit the United Kingdom for an ophthalmic examination and possible treatment. The applicant's representative had delivered the application to the British embassy on 27 June but had declined to be interviewed on that day; the interview had not taken place until 1 August. On 27 August the applicant's granddaughter sent a fax to FCO in London saying that her grandmother had fractured her hip and suffered a stroke and if she did not receive urgent medical treatment she would die; arrangements being made to fly her grandmother to the United Kingdom could not be finalised without a visa. An entry clearance manager at the embassy reviewed the case and upheld the refusal decision. The woman's granddaughter provided further information to FCO as a result of which, on 29 August, the entry clearance officer decided to grant a visa which could be collected on 1 September. The applicant's daughter asked FCO if the visa could be issued immediately. FCO sent a fax about the matter that day but the embassy did not receive it until 1 September, when they issued a visa. The applicant died on 4 September before she could travel to the United Kingdom. The Ombudsman did not find maladministration in the way in which the visa application was refused, nor in the entry clearance manager's review of that decision. The Ombudsman was unable to determine whether maladministration by FCO, or a communications failure outside their control, had prevented the issue of a visa on 29 August.
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Delay by the Foreign and Commonwealth Office (FCO) in dealing with visa applications
The Ombudsman upheld a complaint by Mr Y's solicitors that the British High Commission in Islamabad had delayed for 16 months in resolving visa applications to enable Mr Y's wife and children to live with him in the United Kingdom. The Ombudsman criticised FCO for their failure to observe common courtesies and to handle the case efficiently. The High Commission had asked the Home Office to provide information to allow them to resolve the applications, and the Ombudsman also criticised FCO for trying to blame part of the delay on them. The Permanent Under Secretary of State at FCO apologised for the delay and offered Mr Y a consolatory ex gratia payment of £250. The Permanent Under Secretary of State at the Home Office apologised for their contribution to the delay.
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