IMMIGRATION NEWS
Indefinite Leave to Remain for Refugees.
An asylum applicant is granted refugee status if
they meet the criteria laid down in the 1951 UN
Convention on Refugees. The granting of indefinite
leave to remain in the U.K. will end on 30th August
2005. From this date onwards a new policy will grant
refugees a limited leave of 5 years. During this
time a review may be triggered which may result in
the refugee being expected to return to their
country of origin.
After 5 years the applicants case will be subject to
review to see whether the cessation clauses of the
Convention might apply to them1 (i.e. if there has
been an announcement to the effect that the
situation in their country of origin has changed and
they are no longer in fear of persecution). If the
cessation clauses do not apply then the applicant
could be removed from the U.K. back to their country
of origin.
If not, they should get Indefinite Leave to Remain
subject to possible additional tests relating to
language skills. During the first 5 years refugees
do have full entitlement to family reunion, to
welfare benefits, to housing and health care and
they have the right to work2.
If the asylum application is initially refused, the
applicant has appeal rights with the Immigration
Appeals Tribunal (AIT)
Useful websites
www.refugeecouncil.org.uk
www.homeoffice.gov.uk
If you would like
more information, please contact Etala Cleaves on
020 7377 0600 or email
ec@hafezis.com.
1.
www.refugeecouncil.org.uk
2. Ibid
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