Asylum and Criminal Conviction

[Gsoni]

Hello @ all,


One of my friend who is an asylum seeker committed a crime in the UK. He is here with his family and still awaits the decision on his asylum claim. The criminal conviction was that he was a little bit violent but nobody was harmed or had injuries. I want to know if that will effect his asylum application and also of his parents and sisters?

Something else I want to know. His parents are elderly over 65years and are both very ill. Do you think there will be any chances to deport them, because I heard that the home office has a policy not to deport people over 65 years is that true?

[Jeff Albright]

One of my friend who is an asylum seeker committed a crime in the UK. He is here with his family and still awaits the decision on his asylum claim. The criminal conviction was that he was a little bit violent but nobody was harmed or had injuries. I want to know if that will effect his asylum application and also of his parents and sisters?

Well, if he is a genuine asylum seeker requiring protection, it is unlikely he will be removed. However, asylum claim has a very high threshold at the moment. His sisters claim will be considered separately in its own right, although if he is granted asylum, the time he has been in the UK, etc. may also give rise to claims under the Article 8 for them and for him

Something else I want to know. His parents are elderly over 65years and are both very ill. Do you think there will be any chances to deport them, because I heard that the home office has a policy not to deport people over 65 years is that true?

Yes, there is such a policy and the compassionate circumstances will be taken into account. If the parents' immigration history is not poor, there is a chance they may be allowed to remain.

[Gsoni]

Thanks for your answer Jeff!


I want to know what exactly compassionate and compelling reasons are? For example his mother is mentally ill and has other health problems. His father has also many health problems as they are both old and vulnerable and their life is dependant on medicines.

Their claim is together as one. They have been refused asylum and also lost two times in court. The SSHD accepts that they have been a victim of discrimination but not persecution. Their last appeal was on compassionate grounds but the home office refused it saying that there is no evidence that your client is over 65 years and this reason is not enough on its own to get leave to remain. What happened was that their solicitor messed up and didn't get any evidence together. Does somebody know who can maybe advice how they can prove their age?

Now they made an appeal backed up with proper evidence.


Jeff, do you might know a little bit more about the policy for people over 65 years?


I hope somebody can give me some answers soon.



Thank you!