Thirteen years delay in ILR application

The High Court in case of R (Mohamed) v Secretary of State for the Home Department [2018] EWHC 3547 (Admin), ruled that the Home Office illegally postponed the decision on the ILR application, which was made while  the claimant was a child. However, the court further ruled out that the applicant is not entitled to any damages arising due to the delay.

Mr. Mohamed applied for ILR in 2005 as a dependent family member. He also applied for asylum in the United Kingdom in 2015. Home Office has not yet made a decision on any of these applications. Meanwhile, Mr. Mohamed committed several serious criminal offenses and in 2016, the Home office began the deportation procedure. He was detained straight after the end of his criminal sentence in January 2018.

The High Court ruled that the delay in making decisions on both applications (thirteen years wait for applications for ILR and three and a half years for asylum) was illegal. The court decided that the Mohammed was not entitled to damages because his ILR status would be revoked anyway after he was served with  deportation order.  Usually it takes up to six months to Home Office to make a decision on ILR application.

Posted on Jan 16, 2019.

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