Vulnerable asylum seeker waited thirteen months for decision from UK Visas and Immigration

What happened

Mr N came to the UK in 2005 and claimed asylum. The government organisation responsible at that time for immigration rejected his claim. Mr N applied to stay on two further occasions, but was rejected. Eventually he was detained for removal from the UK. UKVI then rejected a third application from Mr N, and again arranged to remove him, but he made a legal challenge to its decision and was released from detention. Shortly afterwards, he began to get asylum support, and UKVI also noted that he suffered from depression and was at risk of self-harm. Mr N applied to stay for a fourth time in late summer 2012. But UKVI put his case into storage, and did not look at it for another year. It refused his further request in autumn 2013. Mr N has since applied again to stay in the UK, and has made a further legal challenge, but UKVI has rejected both.

What we found

We partly upheld this complaint. UKVI should have prioritised Mr N's case, not only because he was receiving asylum support but also because he was vulnerable due to his mental health problems. However, UKVI did not give the case priority and extended Mr N's asylum support instead of reaching a decision on his application. As a vulnerable person, Mr N clearly suffered a delay that he should not have done. However, his previous applications had all been rejected and it is likely that if he had received a negative decision earlier, he would anyway have applied again. He has since done so, and has again been rejected. Mr N, therefore, benefited from the delay by being able to remain in the UK during this time, and by continuing to receive public support.

Putting it right

UKVI apologised to Mr N for the delay he suffered when it failed to prioritise his case.