Post
by mkhari » Sat Jan 26, 2019 10:26 am
Illegal entry
If an applicant entered the UK illegally, an application for citizenship will normally be refused if the illegal entry is confirmed as having occurred during t he preceding 10 years. If the date of entry cannot be confirmed, or if the per son subsequently goes to ground, or absconds , the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office. While there will be circumstances when it would be inappropriate to refuse citizenship to people who entered the UK illegally, claimed asylum and were subsequently granted refugee status, those who need international protection are expected to apply for it at the earliest opportunity and in the fi rst safe country they reach. Consequently , there will be cases where refugees will normally be refused citizenship because they entered illegally and chose not to claim asylum at the first Page 48 of 53 Published for Home Office staff on 14 January 2019 available opportunity, or only claimed after enforcement action was taken against them. However, you must take account of Article 31 of the Refugee Convention when considering whether it is appropriate to refuse a person granted refugee status on the grounds of illegal ent ry. Article 31 states that refugees should not have any penalties imposed upon them as a consequence of illegally entering or being present in the country of refuge illegally in order to seek sanc tuary, provided that they: • travel led to the country of ref uge directly from the territory where they fear persecution • present ed themselves to the domestic authorities without delay • show ed good cause for their illegal entry or presence A rticle 31 of the Refugee Convention does not specify any minimum time befor e a person should claim asylum and this will need to be considered on a case - by - case basis. A s a guide it is not unreasonable to expect that a person who enters the UK illegally, with the intention of claiming asylum, should claim asylum within 4 weeks of arrival. An applicant who, having entered illegally, delayed claiming asylum beyond this period will normally be refused citizenship unless there is a reasonable explanation for the delay. There is also an expectation that those seeking protection shoul d do so in the first available safe country, so should not, for example, travel across several European countries to claim in the UK. That by itself will not be grounds to refuse but it will be a factor to consider alongside others that may cast doubt on a n applicant’s good character. If an applicant entered illegally and would have had a valid section 31 defence but was convicted before their application for asylum was decided and granted, it may be appropriate to disregard the conviction. Failure to co mply with immigration requirements may be evidenced by service of an IS151A notice of liability to administrative removal. The IS151A was replaced on 6 April 2015 by a RED.0001 form, or where an application is also being refused, by a single decision notic e which incorporates a notice of liability to removal. However, given the length of residence an applicant requires in order to apply for citizenship , IS151As will continue to be relevant until early 2025. This can show that a person came to notice as some one who breached the conditions of their leave, remained in the UK unlawfully without leave, or entered the UK illegally. CID records should be checked to see why the IS151A was served. For further information on illegal entrants see Clandestine illegal e ntrants
[Absconders]
A person given temporary admission, temporary release, bail or release on a restriction order may be required to report at stipulated intervals to a port of entry or to an immigration reporting centre. A person who fails to comply with any reporting Page 49 of 53 Published for Home Office staff on 14 January 2019 restrictions, thus no longer maintaini ng contact with the Home Office so that their whereabouts are unknown, may become subject to absconder action. Evidence of absconding may be apparent from CID or PNC records. A person who has previousl y absconded will normally be refused citizenship for a period of 10 years from the date they last brought themselves or came to the attention of the Home Office after having absconded. For further information see non - compliance and absconder process instr uctions and Border Force absconder guidance .
MKHARI
