Case Resolution Programme
Older asylum claims made before March 2007 are known as ‘case resolution’ (formerly legacy) cases. These cases are dealt with separately by a Case Resolution Directorate (CRD). They include cases:
- that have not been fully determined
- applications for further leave
- cases awaiting appeal
- those that have exhausted their appeal rights but remain in the UK
Case resolution can lead to the grant of status to an individual or to a refusal of leave to remain and removal from the UK. It is not an amnesty for individuals whose cases are unresolved.
How does the CRD deal with older unresolved cases? Each older case has been given to a case owner. The case owner will check computer records against paper files, correct data errors and delete duplicate records.
Priority cases are:
- people that may pose a risk to the public
- applicants who can be removed swiftly
- people receiving asylum support
- people who may be allowed to stay in the UK
Notifying individuals: If cases are selected for consideration the Home Office will contact individuals requesting further information where appropriate. This may be in the form of a questionnaire or a letter containing:
- an explanation that their case has been selected to be case worked
- information and contact details for the case owner
- a standard paragraph explaining how to obtain legal advice
- information about how they could return home voluntarily
- one stop notice
If asylum seekers receive a notification letter they should get legal help.
If individuals have not been sent a letter but wish to tell the CRD that circumstances have changed (eg, if they have a child, marry or change address) they should contact the Immigration Enquiry Bureau by telephone on 0870 606 7766.
Getting legal advice: Many people whose initial applications were refused or lost at appeal find it difficult to get legal representation. They must be prepared to explain why their case requires further attention. Good grounds for asking for advice and representation include:
- there is a real danger of serious harm if returned to their home country as new circumstances affecting themselves or their country of origin have arisen
- previously submitted evidence relating to their case has never received a response. New evidence has become available and never been considered.
- there may be human rights considerations in that their removal may have a disproportionate effect on family or private life.
- they may qualify under the Long Residence Rules if they have been here lawfully for 10 years or unlawfully for 14 years.
- they are one of a group of cases that should have but did not benefit from earlier Home Office policies in place at the time of their application