Grace periods v2

38 - Grace periods v2

Purpose

This note clarifies how to deal with applicants whose asylum claim has been refused within the 16 days preceding their application. It has immediate effect.

Policy

Under the Immigration Act 1999 Part VI Section 94(3) a person remains an asylum seeker until 14 days after the day on which the Secretary of State notifies the claimant of his decision on the claim. For NASS purposes 16 days from the decision are used to allow time for the decision to reach the asylum seeker.

Responsibility

Validation are responsible for determining if an applicant has an outstanding claim for asylum.

Action (validation)

Where an applicant who would otherwise qualify for NASS support has been refused asylum within the previous 16 days it is not appropriate to invalidate the application simply because there is no evidence of an appeal.

Where the asylum seeker has been notified of the decision by post they are deemed to have received it 2 days later. The 14 day period runs from that date. Where the asylum seeker has been handed the decision they are deemed to have received it that day. The 14 day period runs from that date.

In all cases where an applicant who would otherwise qualify for NASS support has been refused asylum within the previous 16 days ACID should be checked in the usual way. If the applicant has appealed the case may be processed in the usual way.

Where there is no trace of appeal on ACID and no evidence of an appeal has been submitted the case should be validated and carefully minuted both on ASYS as a critical comment and the paper file so that Assessment and Allocation will be aware of the circumstances

action (assessment)

Assessment should progress the claim in the normal way but they must ensure that the 16 day grace period is kept in view.

action (allocation)

Allocation should progress the case in the normal way keeping the 16 day grace period in view. Where evidence of an appeal is submitted before the case is concluded it may be allocated . Where no evidence is forthcoming ACID must be checked again at the end of the grace period. If there is still no trace of appeal the application should be refused, with a right of appeal on the basis that the applicant is not an asylum seeker provided that there are no dependent children aged under 18 in their household. The application should not be refused on this basis before the end of the grace period.

Where the case is ready to be allocated before the end of the grace period the package should be prepared and sent as normal. The case should then be set for review at the end of the grace period. . Where no evidence of an appeal is forthcoming ACID must be checked again at the end of the grace period. If there is still no trace of appeal the case should be sent to the termination team to be terminated, without a right of appeal on the basis that the applicant is no longer an asylum seeker provided that there are no dependent children aged under 18 in their household.