legal news

Update: Angola, 21st November 2007

For Angolan Nationals the situation is slightly more complicated. The Home Office had a number of ELR “policies” relating to various groups between 18th August 1998 and October 2002. Between October 2002 and April 2003 the general bar on removals was lifted, however the Home Office have maintained that caseworkers usually granted Exceptional Leave. Given that the position is slightly more complicated it will be necessary for each case to be considered by a solicitor on an individual basis following receipt of your documents. If you claimed asylum prior to February 2002 from Angola then please feel free to instruct our office to find out whether an application can be made

The case of R (S) Decision of the Court of Appeal Case Number: C4/2007/0323

The Court of Appeal were recently asked to consider the actions of the Home Office in choosing to delay the making of asylum decisions for Afghan Nationals. This judgement which considered the reasons for delay in some cases set out general principles which could apply to those who claimed asylum at a time when there was a general policy in place of granting Exceptional Leave to Remain (ELR) to all of those who claimed.

It was revealed in this case that the Home Office on 1st January 2001 suspended decision making on pending cases. They later made a decision to put cases "on hold" if no decision had been made within 61 days of the asylum claim having been made. The Court of Appeal decided that this policy was illegal and that those who lost out on Indefinite Leave to Remain in the United Kingdom as a result of this policy can now make applications to the Home Office requesting leave to remain.

Will I be able to apply?

At the moment the ELR policies in place are clear for Afghan, Iraqi and Rwandan Nationals however some other nationalities such as those from Angola and Sierra Leone may be eligible to apply. At the moment the position is not clear and those from other countries should check back here regularly for updates.

If you fall into one of the below categories you may qualify (however every case is assessed on an individual basis which takes account of the actual delay involved and the reasons for this):

Afghan National who claimed asylum prior to 20th February 2002 and had a lengthy delay in dealing with your case
Iraqi National from the GCA who claimed asylum prior to January 2003 and had a lengthy delay in dealing with your case
Rwandan Nationals who claimed asylum prior to 27 June 2002 and had a lengthy delay in dealing with your case

I Do Not Fall Into the Above Can This Decision Benefit Me?

If your case does not fall into the above categories but you had a lengthy delay it may still be possible for you to benefit under this decision. In order for an assessment of this to be made though your solicitor would need to get all of your papers using the Data Protection Act to advise on what caused your individual delay.

I Think That I Am Eligible What Should I Do?

To confirm if you are eligible we need to assess your Home Office Reasons for Refusal Letter & and your Appeal Determination

(If you don’t have these 2 documents then please obtain these from any previous representative you have had)

If you have these 2 key documents, Contact us now by phone, by e mail on webenquiry@hallidayreeves.com or come in to either office.

Legal Aid may be available for office based appointments (subject to proof of means which you should provide at the first appointment)

If you are not eligible for advice via public funding (Legal Help), we offer advice by highly competitive fixed fees on a private basis (see below).

Do I have to Travel to the Office?

Should you live outside of the region or do not wish to travel to our offices, we are able to offer detailed advice via our e-mail advice service.

There is a fee of £60 (plus VAT where appropriate) to assess your case but you must be in a position to scan or send us your Reasons for Refusal Letter and Determination so that we can do this.

If it is concluded that you qualify for an application to be made, the cost of this application will be an additional £120 (plus VAT where appropriate).

James Taylor, Trainee Solicitor