Legal Gateway Solicitors Blog

Legacy Cases

01-07-09 Posted In: Immigration

In July 2006, the then 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 has established the Case Resolution Directorate.

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 and/or discretionary leave, whether or not a claim for asylum under the Refugee Convention was made.

The Home Office has not provided comprehensive or clear information regarding legacy cases.  However, in experience, it appears that legacy cases will include all:

• Cases where the asylum claim remains outstanding;
• Cases where there is an outstanding appeal;
• Cases where asylum has been refused and any appeal dismissed, but the individual remains in the UK;
• Cases where a fresh claim for asylum has been made;
• Cases where the individual has been granted some form of leave to enter or remain, but this is limited and may need to be renewed;
• Cases where the individual has been granted five years refugee leave or humanitarian protection and may apply for indefinite leave to remain at the end of that period;
• Cases where the individual has left the UK but the Home Office records have not been up-dated

The Home Office will consider a legacy case concluded when the individual has left the UK or been granted leave to remain in the UK.

In the event that you have an existing legacy case with the Home Office, we are able to assist you in bringing this to the attention of the Home Office to ensure that your application is processed correctly and legitimately.

It is important to be aware that the fact that a Home Office has selected a case as a legacy case does not indicate that their claim will be successful.  The legacy procedure is not an amnesty exercise for granting indefinite leave to remain to people in order to clear the Home Office backlog.  Leave will only be granted in individual circumstances where merited.