UK Visas and Immigration delayed deciding an asylum seeker's request to stay in the UK

What happened

In 2003 Mr R came to the UK seeking asylum. UKVI refused this, but Mr R remained in the UK. In spring 2008 Mr R asked UKVI to reconsider his asylum claim using some new evidence. In summer 2010 UKVI again refused Mr R asylum. Later in 2010, Mr R asked UKVI again to reconsider his asylum claim because he had been living with a British partner for over four years and intended to marry.

In autumn 2010 UKVI began work on Mr R's case and made the usual security checks. However, the checks revealed that Mr R was being prosecuted for a minor criminal offence. UKVI stopped working on his case, but in autumn 2010, the prosecution against Mr R was dropped because he was innocent.

Mr R's representatives contacted UKVI, but UKVI did not reply or decide his case. Mr R's MP also contacted UKVI, to no avail. In summer 2013, after the MP had asked us to help, UKVI began work on the case. In winter 2013 UKVI granted Mr R permission to stay in the UK for 30 months.

What we found

UKVI should not have stopped working on Mr R's further submission in winter 2010. It should have repeated its security check each month until the outcome of the prosecution was known. If it had done this, it would have been able to conclude Mr R's application by late 2010 rather than winter 2013. UKVI should also have kept Mr R's representatives informed about his case.

Putting it right

While UKVI delayed deciding Mr R's application, he benefitted from the delay. This was because in 2012 the law changed and UKVI could grant him permission to stay in the UK for 30 months. UKVI apologised for the delay in dealing with Mr R's case and for not replying to the enquiries made by his representatives and his MP.