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Zimbabwe case not to be appealed
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The Home Office is apparently not going to appeal the recent Zimbabwean test case, RN (Returnees) Zimbabwe CG [2008] UKAIT 00083.* This strongly suggests that status will be granted to Zimbabwean asylum seekers who qualify and who receive decisions from now onwards. Appeals that are allowed on the basis of RN will lead to status being granted.
Will the Home Office bring Zimbabwean fresh claims to the front of the Legacy queue, in front of everyone else? I really don’t know. If not, though, there could be a wait of years before decisions on fresh claims, by which time the situation may well have improved.
And, let us all remember, we WANT the situation to improve in Zimbabwe! It is all too easy to forget this as an asylum lawyer when focussed on winning your client’s case.
Lastly, as discussed in a previous post, getting status now means leave to remain for five years, which can be reviewed and removed for any or all Zimbabweans not yet settled with ILR if things do improve in Zimbabwe.
* Many thanks go to my anonymous source for this news, but I have not been able to verify it through open sources.
4 Responses
that brilliant news free movement
Freemovement and/or Alisha;
With regards to leave to remain as opposed to ILR, does this also apply to applications made before 2002? I.e. if an application is successful is it then veiwed as having been successful on the day of claim or on the day of award?
In my view it would be unreasonable for the Home Office to start counting from the day a claimant was successful, given that some cases (like mine) have been on-going for the afore mentioned five years.
comment?