The UK Upper Tribunal (Immigration and Asylum Chamber) has found that the Home Office acted unlawfully by putting on hold the asylum application of a minor for a period of 21 months.
The applicant entered into the UK during the clearance of the Calais camps as part of ‘Operation Purnia’. The lawyers for the applicant were informed that the case was being progressed, however once a legal challenge was brought it became clear that a decision had been made to put ‘Operation Purnia’ cases on hold indefinitely. No adequate reason was given for this decision, other than the cases were complex – which was rejected by the Court.
The Court found that the delay was lengthy by any analysis however, by itself, did not render the delay unlawful. The delay had, however, become excessive given the child’s age, the recognition within the statutory guidance – 'Every Child Matters' – that delay was unfavourable to his best interests, and the lack of complexities in this asylum claim.
In addition to the above, it was accepted that the Home Office had failed to explain the new policy that put the case on hold, which may have brought on judicial review proceedings at a much earlier stage. It was outlined that while the child had the support of his uncle, he had to endure the limbo of uncertainty regarding a significant aspect of his life.
The Court thereby found the delay in making a decision on the asylum claim unlawful. It is believed that there are at least another 200 children in the same position.
Click here for the decision in R (on the application of TM (A Minor) by his litigation friend, The Official Solicitor) v Secretary of State for the Home Department.