A small case assurance and audit unit (CAAU) will be responsible for residual work on:
– cases they have been unable to trace and may have left the country (the CRD controlled archive);
– cases that have been reviewed but not fully concluded.
If you believe that your case is being handled by CAAU please write to:
Case Assurance and Audit Unit
Department 87
PO Box 306
Liverpool
L2 0QN
A quick reminder about which cases were considered as Case Resolution or legacy cases. In July 2006, the Home Secretary announced that there was an asylum legacy of around 450,000 cases, and the Home Office would clear this legacy within five years. To deal with these Legacy cases, the Home Office have established a separate directorate the legacy directorate.
What is a legacy case?
A legacy case is any case where all of the following apply:
there has been a claim for asylum
the Home Office records indicate that the case has not been concluded
the case is not being dealt with by the New Asylum Model (NAM)
A claim for asylum will include a claim for humanitarian protection or discretionary leave, whether or not a claim for asylum under the Refugee Convention was made.
It appears that there are many legacy cases that have not been dealt with and it is important for anyone affected by this announcement to contact their legal representatives or to contact the UKBA directly. It is important to note that the UKBA had recently started refusing cases under the legacy scheme where in the past many applicants were granted Indefinite Leave to Remain.
For it appears that the UKBA has not been taking into account their very own guidelines in relation to legacy cases and any refusal can be challenged by way of Judicial Review. The UK Border Agency made changes to their Enforcement Guidance and Instructions which should benefit people caught within the legacy backlog. The amended guidelines provide for consideration to be given to residence accrued as a result of UKBA delays. The guideline states that where a delay is particularly significant, it can be considered as a contributory factor to grant leave (see case of Court of Appeal judgment in HB (Ethiopia) & others v SSHD [2006] EWCA Civ 1713).
Initial in time applications
Applicants who have made in time applications and who have been subject to a delay of 3-5 years as a result of UKBA can expect Home Office caseowners to place significant weight on this fact as a contributing factor.
Family cases
Where families have resided in the UK for a considerable period as a result of UKBA delays, Home Office caseowners are expected to place significant weight on this when considering the application. A three year delay period may be considered significant although this is more likely to be a delay of 4-6 years. Caseowners are especially expected to consider dependent children under the age of 18 who have been residing in the UK with their families and who have been subject to a delay of between 4-6 years.
Other cases
Where UKBA has contributed to a significant delay in other cases, the period considered to be significant can be 4-6 years although it is more likely to be a period of 6-8 years.
Regard will be had to the personal conduct of applicants including their character, conduct and employment records along with the usual considerations as follows:
Age
Length of residence in the UK
Strength of connections to the UK
Personal history, character, conduct, employment records
Previous criminal records/nature of convictions if any (as above)
Compassionate circumstances
Any representations received on the applicants behalf
The relevant changes can be found in full at:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter53?view=Binary
RBM Solicitors have dealt with many cases under the Case Resolution Exercise with successful outcomes. We have also challenged cases that have been refused under the Case Resolution Exercise. Applicants who feel that they may fall within the new changes should contact us for a case specific evaluation. Contact us on info@rbmsolicitors.co.uk , 02476520999
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