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Immigration And Asylum

Volume 403: debated on Thursday 10 April 2003

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To ask the Secretary of State for the Home Department what the average time taken in the last year was to deal with an application to his Department for travel documents. [108213]

The average time in April 2002 was 68 days. This has decreased to 20 days in March 2003.

To ask the Secretary of State for the Home Department what appeal rights will exist for a person granted humanitarian protection if they are refused all leave to remain in the UK when their case is reviewed at the end of the period of humanitarian protection. [108216]

Providing the application for further leave is made before expiry of the current leave, an outright refusal is an immigration decision within the terms of section 82(2)(d) of the Nationality, Immigration and Asylum Act 2002, and accordingly, attracts a suspensive right of appeal under section 82(1).A person who fails to leave the United Kingdom voluntarily after this process, or who applied out of time for further humanitarian protection leave and was refused, is an overstayer. A decision to remove an overstayer is an immigration decision under section 82(2)

(g), and again, attracts a right of appeal under section 82(1). This appeal is suspensive if an asylum or human rights claim has been made in the United Kingdom.

In either case, all the grounds listed in section 84(1) of the Act may be cited in the appeal, in particular, that removal would breach the appellant's rights under the Refugee Convention or the Human Rights Act.