Home Office recommences processing of Syrian settlement applications

It appears that the Home Office has started writing out to Syrian refugees who have pending settlement protection (SET(P)) applications. I know this is causing a lot of fear and worry and so I have tried to explain what is happening and give a bit of guidance on what to do below.

Individual legal advice will be important, I’m afraid, as I do know this can be difficult/expensive to obtain.

What do the letters say

The letters are headed “Request for information and Notice of Intention (NOI)” and state:

As part of the Settlement Protection application process the Home Office must consider, utilising relevant country information reports, whether there have been any significant and non-temporary changes to the applicant’s country situation such that a fear of persecution can no longer be regarded as well-founded or there is no longer a real risk of serious harm. The Home Office must carefully consider if changes are temporary, and changes must be such that the reasons for the grant of protection status have ceased to exist.

The letter then sets out excerpts from the Country Policy and Information Note on Syria on Returnees after fall of Al-Assad regime and concludes with:

We are considering whether or not it may be appropriate to cease your refugee status. If there are any reasons why you consider you cannot return to your home country and reasons your refugee status should therefore not be ceased, please tell us about this now. Where no further reasons are provided, or where any additional reasons you provide do not give rise to a grant of refugee or humanitarian protection status, your refugee status may be ceased.

Where it is considered, you no longer require protection, your refugee status may be ceased under Paragraph 339A(v) of the Immigration Rules because the circumstances in connection with which you were recognised as a refugee will have ceased to exist.

You must provide all information about:

• your continued need for protection
• any reasons your status should not be ceased
• and any other reasons why you should be allowed to remain in the United Kingdom for example family or private or any other human rights grounds

Extensions of time

The letter states that people “must respond” within 21 days of the date of the letter but it explicitly provides for an extension of time to be requested. This post, although relating to Rwanda cases, on extensions of time has some sections that will be relevant.

Considerations when responding

Country evidence

Each individual person’s circumstances need to be considered. First, all of the country policy and information notes on Syria should be considered to see if there is anything useful in there to support an ongoing risk . Second, remember that these notes often come with an agenda (see e.g. this recent post on the Afghan ones) and so do double check the information with other sources where possible.

Where circumstances giving rise to risk are not covered in the country policy notes then other sources need to be checked. For example, on a quick look I couldn’t see anything in the notes on the situation for LGBTQI+ people, however it appears that the situation for this group remains very dangerous and it should be possible to find and submit evidence of an ongoing risk in these cases.

Requirement for a significant and non-temporary change

Remember that protection status can only be ended where there is a significant and non-temporary change in the country of origin. UNHCR’s guidelines on this point will be of use, and note that no formal declaration of general cessation has been issued for Syria.

Compelling reasons arising out of previous persecution

It will be really important for some people to note that even where there has been a significant and non-temporary change, this is not grounds for automatic refusal. Article 1C of the Refugee Convention states that the cessation clauses do not apply to a refugee “who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence”. This is also set out in the Home Office’s guidance on revocation of protection status:

Article 1C(5) and (6) of the Refugee Convention contain an exception to the cessation provisions, allowing a refugee to invoke ‘compelling reasons arising out of previous persecution’ for refusing to re-avail themselves of the protection of their country of origin.

This exception applies to cases where refugees, or their family members, have suffered truly atrocious forms of persecution and it is unreasonable to expect them to return to their country of origin or former habitual residence. This might, for example, include:

• ex-camp or prison detainees
• survivors or witnesses of particularly traumatic violence against family members, including sexual violence
• those who are severely traumatised

The presumption is that such individuals have suffered grave acts of persecution, including at the hands of the local population, and therefore cannot reasonably be expected to return. Application of the ‘compelling reasons’ exception is interpreted to extend beyond the actual words of the provision to apply to Article 1A(2) refugees and reflects a general humanitarian principle.

As this provision is expected to apply only in the most exceptional of cases, any decision not to proceed with revocation on this basis must be taken by a senior caseworker.

Anyone who has experiences listed in those bullet points and can evidence this should certainly include this in their response to the Home Office, with reference to the above part of the guidance. The list of examples is not exhaustive and so there are likely to be others who are also able to meet this exception, although do note that the Home Office expects it to have limited application, to the “most exceptional of cases”.

Other reasons to stay

Many people will have been here for several years already and may have formed a family life here in the UK and they should look to Appendix FM to see if any of the requirements there are met as an alternate basis on which they are entitled to stay in the UK. To be clear, this would be an incredibly unsatisfactory outcome for a person who expected to be able to settle imminently, not least because of the earned settlement proposals. There may also be reasons a person could remain in the UK.

Appeals

These letters are very worrying to receive but it is important to remember that we do not yet know what the outcomes of these safe return reviews will be. If and when a decision is taken to refuse settlement and revoke protection status, these decisions can be appealed to the tribunal.