Recently, we have noticed that the Home Office are regularly failing to adequately respond to subject access requests made by legal representatives on behalf of clients. When we ask for the client’s full file, we only receive some electronic records, instead of the full file. The response is frequently delayed, coming after the 40 day period mandated. The Joint Council for Welfare of Immigrants (JCWI) reported that this issue was occurring systematically and that means that we, the practitioners, cannot progress the cases expeditiously. Without the file, the immigration history is unclear and we cannot fully advise on the client’s status. JCWI asked for an urgent review of the Home Office practice in responding to the requests under the DPA.
About the author
As a Human Rights and Immigration lawyer with 20 years’ experience Danielle has assisted many thousands of people and achieved excellence in her profession.