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Case resolution (updated)

Update on case resolution: Q&A now on Home Office website – Case Resolution is not an amnesty [August 2007]

There is now a Question and Answer document on the Border and Immigration Agency website which explains how they are dealing with Case Resolution cases.

Note in particular that this is not an amnesty. The Refugee Council is hearing disturbing reports that people may be being misled about this and even tricked into completing photocopies of the questionnaire, in the mistaken belief that this will get their case dealt with, and for which they have been charged. This Q&A makes it clear that this is not an amnesty and there is no point in completing photocopies of the form – only those that the Home Office has sent will be valid.

Background: In July 2006 the Home Secretary announced that all asylum cases outside the New Asylum Model will be resolved by June 2011. These cases, formerly known as legacy cases and now called case resolution, are being dealt with by the Case Resolution Directorate at the Border and Immigration Agency (BIA).

The Home Secretary has outlined the priorities that will determine how BIA deals with these cases:

“We will also deal with the legacy of older cases that have yet to be fully resolved. We plan to do this within five years or less. We will prioritise those who may pose a risk to the public, and then focus on those who can more easily be removed, those receiving support, and those who may be granted leave. All cases will be dealt with on their individual merits.”

All these cases will eventually receive a letter and a questionnaire, the purpose of which is to update information held by the Home Office in order to decide what action is appropriate. If you fail to return the questionnaire a decision will be made on your case using any information you have previously provided and any other written evidence you have submitted in support of your case.

In the week commencing 2 July 2007 the Home Office sent out a total of 6,000 letters and questionnaires to families with children in accordance with its priority to address cases in receipt of support.

This briefing provides some basic advice about responding to these letters.

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