Post
by avjones » Mon Nov 26, 2007 2:13 pm
DL is one part of the replacement for the previous policy of Exceptional Leave to Remain (ELR). The other is humanitarian protection.
Unaccompanied asylum-seeking children, for example, are usually granted DL until they are 18. Those who win under Article 8 are usually granted DL.
The only relevance to HSMP is that some of those who have won at the AIT when they didn't get an HSMP extension are being granted DL.
Discretionary Leave
Discretionary Leave (DL) may be granted for a limited number of specific
reasons. These people will either not be considered to be in need of
international protection, or will have been excluded from such protection.
DL may be granted to an applicant who:
• Has an Article 8 claim.
• Has an Article 3 claim only on medical grounds or severe humanitarian
cases.
• Is an Unaccompanied Asylum Seeking Child (UASC) for whom
adequate reception arrangements in their country are not available.
• Would qualify for asylum or Humanitarian Protection but has been
excluded.
• Is able to demonstrate particularly compelling reasons why removal
would not be appropriate.
An individual grant of DL should not be made for more than 3 years, or less in specific cases as directed by the API's or separate notices which may be issued from time to time. UASC's should normally be granted for 3 years or until their 18th birthday, whichever is earlier, although there may be some exceptions. After the DL period has expired the claimants situation will be reviewed with further leave granted if appropriate. A person on DL will normally become eligible to apply for ILR after 6 years.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.
People should always consider obtaining professional advice about their own particular circumstances.