Seeking Refuge? - Rights of Women

The law that determines whether or not
someone is entitled to protection in the UK is
set out in:
• the Refugee Convention 1951;
• the European Convention on Human Rights
1950; and
• European Union Law.
The most relevant law for legacy cases is likely
to be Article 8 of the European Convention
on Human Rights. Article 8 protects a
person’s rights to private and family life. For
further information about Article 8 and the
law that determines who is entitled to
protection in the UK, see Chapter 2.
“
The Immigration Rules are the
rules that determine who may
or may not enter and remain in
the UK.
”
Paragraph 395C of the Immigration Rules says
that before a decision is made to remove you, the
decision-maker should consider all the relevant
factors, including:
• your age;
• how long you have been in the UK;
• the strength of your connections with the UK;
• your personal history, including your character,
behaviour and, if you have been working, your
employment record;
• your home and family circumstances;
• whether you have a criminal record and if you
have, the type of offence you were convicted
for;
• any compassionate circumstances; and
• arguments made by you or your legal
representative.
This means that when making a decision, the
Case Resolution Directorate will look at all the
circumstances of your case and why you want to
remain in the UK. They will look at the law that
determines who is entitled to protection in the UK
and the different factors in paragraph 395C of the
Immigration Rules.
You can read paragraph 395C of the
Immigration Rules by looking here:
www.ukba.homeoffice.gov.uk/policyand
law/immigrationlaw/immigrationrules/
part13/
Decision or review?
The Case Resolution Directorate is not making
new decisions on cases; they are reviewing the
circumstances of each case.
If, after reviewing your case, the Case Resolution
Directive thinks you should be allowed to stay, you
will be given a form of leave to remain in the UK.
For information about different types of leave, see
Chapter 7.
If, after reviewing your case, the Case Resolution
Directorate starts to try to remove you, you may
be able to challenge this by appealing to the
Asylum and Immigration Tribunal (which is
independent of the UK Border Agency). You must
seek legal advice as soon as any action to remove
you is taken.
Things to remember
• The Case Resolution Directorate is the part of
the UK Border Agency that is dealing with
legacy cases. You can find out if your case is a
legacy case by contacting the Immigration
Enquiry Bureau.
• The UK Border Agency aims to have dealt with
all legacy cases by 19th June 2011. Some cases
will be decided before others. The Case
Resolution Directorate is prioritising cases
where a decision can be made quickly, where
the person is receiving financial support or
where they are a risk to the public. You may be
able to get your case dealt with sooner if there
are compelling compassionate or exceptional
reasons.
• In reviewing a case, the Case Resolution
Directorate will consider the law that
determines who should be given protection in
the UK and the factors listed in paragraph
395C of the Immigration Rules.
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