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Asylum Seekers

Volume 451: debated on Wednesday 1 November 2006

To ask the Secretary of State for the Home Department what his Department’s estimate is of the number of failed asylum seekers who will be eligible for indefinite leave to remain as a result of the Rashid case. (91533)

The Court of Appeal judgment in the case of Rashid, and the subsequent High Court judgment in the test cases of A, H and AH were based on a combination of factors particular to individual cases decided before March 2003 where our then policy towards certain categories of Iraqi asylum seekers may not have been correctly applied. We do not believe that a similar combination of factors is likely to exist in a high proportion of Iraqi claims. An accurate estimate of the numbers affected can be obtained only at disproportionate cost. As of the week ending 13 October, around 300 Iraqi cases where the applicant has made representations that they are eligible for ILR on the basis of the Rashid judgment have been decided and of those we have granted ILR in seven cases.