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Section 67 leave can be granted on arrival without a prior refused asylum claim

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateOctober 1, 2019
CategoryLegal entry and stay
Policy toolAccess to social benefits and socio-economic rights
Affected groupRefugees, asylum seekers and other vulnerable people

Policy effect

HC 2631 removes the requirement that children transferred under section 67 of the Immigration Act 2016 first make an unsuccessful asylum or humanitarian-protection application before receiving section 67 leave. The amendment takes effect on October 1, 2019. New paragraph 352ZHA provides for the grant on arrival for persons arriving after October 1, 2019; where an asylum or humanitarian-protection application has been made, paragraph 352ZH(ii) continues to require its refusal.

Conditions and exceptions

Validated condition or limit: HC 2631 removes the requirement that children transferred under section 67 of the Immigration Act 2016 first make an unsuccessful asylum or humanitarian-protection application before receiving section 67 leave.; New paragraph 352ZHA provides for the grant on arrival for persons arriving after October 1, 2019

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… to that country; or (b) they could have made an application for protection to that country but did not do so and there were no exceptional circumstances preventing such an application being made, and (iv) the applicant will be readmitted to that country.”. 11.4 For Paragraph 345E, substitute: “Dublin Transfers 345E. Whilst the UK remains subject to the Dublin Regulation, the Secretary of State shall decline to substantively consider an asylum claim if the applicant is transferable to another country in accordance with the Dublin Regulation.”. 11.5 For paragraph 352ZH (ii), substitute: “(ii) w … here the person has made an application for refugee status or humanitarian protection, that application has been refused;”. 11.6 After paragraph 352ZH, insert new paragraph: “352ZHA. For persons arriving in the United Kingdom after 1 October 2019, the grant of Section 67 leave will be made upon their arrival in the United Kingdom.”. Changes to Appendix A A1. In paragraph 41(a)(ix), for “row 5 of Table 4A”, substitute “row 4 of Table 4A”. A2. In paragraph 41(a)(x), for “row 5 of Table 4AA”, substitute “row 4 of Table 4A”. Page 13 of 99 A3. In paragraph 45(d)(ii), for “where the investment was m … 535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919) and 1 April 2019 (HC 2099). Implementation The following sections shall take effect on 1 October 2019. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain has been made before 1 October 2019, such applications will be decided in accordance w … January 2020, such applications will be decided in accordance with the Immigration Rules in force on 31 December 2019. • Appendix G – Paragraph 1 and Paragraph 2 Page 2 of 99 The following section shall take effect on 1 October 2019. However, in relation to that section, where notice of an eligible decision under Appendix AR (EU) is received between 3 September 2019 and 30 September 2019, such applications will be decided in accordance with the Immigration Rules in force on 30 September 2019. • Part 1 – Paragraph 34R(1A) The other changes set out in this statement shall take effect on 1 Octob …
UK Home OfficeHC 2631, implementation and paragraphs 11.5–11.6; explanatory memorandum section on s67 leaveOpen official source
Retrieved from https://assets.publishing.service.gov.uk/media/5d76405b40f0b62601d9d848/CCS0919964596_HC_2631_Web_Accessible.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-44593721ea755c589a2e. Something wrong? Flag this record.

Other United Kingdom changes operative in 2019