Unlawful delays in Home Office decision making process
As a result of the Court of Appeal based on the case SAID (2018) EWCA Civ 627 where the respondent died few months after waiting 10 years to be granted indefinite leave to remain, immigration judges now can define where delay in consideration of the application crossed the threshold of “mere” and became “manifestly excessive”. This breach itself entitles for the damages from the Home Office. Home Office cannot use internal complaint procedure as a shield. It is not directly applicable to asylum claims.
Posted on Apr 04, 2018.