Immigration Solicitors

Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application.

S v SSHD

The special “legacy” exercise was launched in July 2006 by John Reid, then Secretary of State for the Home Department, as a central part of his campaign to make the Home Office “fit for purpose”. The purpose of the exercise is for the UK Border Agency to deal with a caseload of up to 450,000 electronic and paper records relating to asylum applications made before March 2007. The Secretary of State
announced that the UK Border Agency would resolve these applications before July 2011. Applicants were expected to wait for a period of 5 years to have their matters resolved. During this time they are expected to put their lives on hold, without being able to travel outside
United Kingdom, having permission to work, study or have recourse to public funds.

In light of this lengthy delay the Home Secretary, under challenge in the Administrative Court1, gave assurances that he will ‘prioritise those who may pose a risk to the public, and then focus on those who may easily be removed, those receiving support, and those who may be granted leave…’ Once this policy was in place the Court declared both the policy and the underlying exercise lawful.

S arrived in the United Kingdom in from Liberia when he was merely 8 years old. A family friend arranged his travel following the arrest of his family and he was left at the doorstep of a local mosque. S was taken into Social Services’ care and solicitors were instructed to
apply on his behalf for asylum as an unaccompanied asylum seeking minor. The application was refused.

S was however a child with no identifiable family in Liberia (since his arrival, S has had no contact with family or friends). S was therefore allowed to remain having been granted Discretionary Leave for three years. This grant was in line with the Secretary of State’s policy not to remove abandoned children unless their adequate care in their country of origin is available, and it is accepted that Liberia is not in a position to provide such care.

In 2006 S, then 11 years old, applied for an extension of his Discretionary Leave. S continued to live with his foster family and after initial period of distress and anxiety, started to settle well into his new environment. Shortly afterwards his local Championship football team recognised his exceptional talent.

S’s application falls within the Secretary of State’s published criteria as to which applications in the legacy exercise should be considered as a priority. S is both receiving continuous support from Social Services and his application for an extension of leave is straightforward
because of the above mentioned policy not to return abandoned minors in his circumstances.

It is surprising therefore that three years later S application remains unresolved and the UK Border Agency is not prepared to prioritise his matter. In the meantime it has been recognised that S skills are of the highest order and he has a real prospect of a professional future in
the game. It has been suggested that he is the greatest talent in his year group and it is envisaged that he could in the future be playing in the English national team.

1R (FH & others) v SSHD [2007] EWHC 1571 (Admin) – Duncan Lewis acted for one of the Claimants
http://www.bailii.org/ew/cases/EWHC/Admin/2010/435.html
2 Code of Practice for Keeping Children Safe from Harm
3 Nor is it open to him (despite occasional views expressed to the contrary in the High Court) to seek assurances from the SSHD that he will hold the application open despite
travel abroad. On this point the SSHD is bound by the terms of the Immigration Act 1971.
4 http://tinyurl.com/ygu2w8b links to a the full text of a statement by the Minister for Borders and Immigration (Mr. Phil Woolas) highlighting this duty