This is a copy of BIA's policy sent to all Case Resolution Directorate ( case workers) on How CRD will prioritise the majority of legacy cases?
In what exceptional circumstances will CRD expedite a case?
Responding to MPs’ representations about cases?
The Case Resolution Directorate (CRD) was set up to deal with case records outstanding before the new asylum model (NAM) took over assessing asylum claims. These cases are called ‘the legacy’. CRD aims to conclude these cases by July 2011. Each case will be considered on its merits and in line with existing policy and law. If the case is unmeritorious the Agency will remove the individual(s) from the United Kingdom.
The legacy is defined as all asylum cases that are incomplete and are not being processed by regional asylum teams. All new cases lodged after March 2007 are processed by these teams as are some that were lodged between March 2006 and March 2007. Further representations which amount to a fresh claim from an individual, who already has an unresolved asylum claim before March 2007, will be considered by CRD. This instruction applies only to cases which fall within this definition and sets out:
How CRD will prioritise the majority of legacy cases
In what exceptional circumstances will CRD expedite a case
How CRD will deal with cases subject to enquiries by Members of Parliament (MPs)
How CRD will prioritise the majority of legacy cases
CRD caseworkers will be informed by their line managers which case to prioritise.
In exceptional circumstances, however, CRD caseworkers may expedite a case. The circumstances where it may be appropriate to do this are listed in Table 1. The exceptions listed in Table 1 apply to ALL cases and in order to fall within the exceptions listed in Table 1 a case need not be within one of the defined priorities.
You should be aware that claims of delay in considering a case will not in itself amount to an exceptional circumstance. In the recent case of R (FH; K; A; V; H; SW; HH; AM; SI; & ZW) v SSHD [2007] EWHC 1571 (Admin) where judgement was handed down on 5 July 2007, Collins J concluded as follows: “claims such as these based on delay are unlikely, save in very exceptional circumstances, to succeed and are likely to be regarded as unarguable. It is only if the delay is so excessive as to be regarded as manifestly unreasonable and to fall outside any proper application of the policy or if the claimant is suffering some particular detriment which the Home Office has failed to alleviate that a claim might be entertained by the court.â€
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