The AfriCAN Magazine

Asylum Applications made before March 2007

The UK Border Agency (UKBA) explains how they are handling older asylum applications, which include most of those made before 5 March 2007. These are sometimes known as legacy cases and are dealt with by the case resolution directorate (CRD).

It is difficult to estimate how many cases are involved. UKBA have previously estimated that there are between 400,000 and 450,000 electronic and paper records, but many of them are duplicates or errors. So this figure is not the number of asylum applicants awaiting a decision.

They define these unresolved asylum cases as ones where an asylum claim has been made and, as yet, the application has not been concluded either because of errors in recording information or because there is still some action they need to take on it.

UKBA have established about forty teams to deal specifically with the older, unresolved paper and electronic case records. They call these the case resolution teams. These teams do not take on new applications, or new evidence for existing applications dealt with by asylum teams in your region.

A substantial number of cases have already been resolved and UKBA aim to conclude all of the incomplete cases by the summer of 2011 and they claim to be on track to do so.

This is not an amnesty for individuals whose cases are unresolved. They will consider the cases in same way as new applications, using the same rules to decide whether applicants qualify for permission to stay in the United Kingdom or should be refused asylum and removed from the country. Human rights factors will be part of this assessment.

Each case has been allocated to a case owner who will process it through to conclusion. Initially case owners will check computer records against paper files, correcting data errors and deleting duplicate records.

Then they will check criminal records and any individual who has committed a serious offence will be considered for deportation. The remaining cases will then be considered.

Which cases will be considered first?

UKBA are giving priority, in the following order, to asylum applicants who:

• may pose a risk to the public;
• can be easily removed from the United Kingdom;
• are receiving public support; and
• may qualify to be allowed to stay in this country.

Because UKBA have so many cases to deal with, they cannot give you a precise date for when they will consider yours.

You can help to speed up consideration of your application by making sure that you have given the UK Border Agency your current address. Then you should wait until they contact you. When a case is extracted for consideration, the applicant will receive a notification letter with contact details, which is copied to their representative.

UKBA will deal with truly exceptional or compassionate cases earlier if there are compelling reasons for doing so. 

For further information you should contact the case resolution directorate or your solicitor. 

All information from the UK Border Agency publication