Immigration and Asylum Update

Posted On: 01 February 2008

Author: Alan Caskie

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Oddly for this article the first item to be reported is not a case at all but is a new set of instructions issued to Immigration staff by the Secretary of State.  The Operational Enforcement Manual is the internal guidance used by staff to determine whether and how people who are close to the end of the road in their attempts to remain in the United Kingdom should be removed or allowed to remain.  The new Chapter 36 of the Operational Enforcement Manual deals with what is called "Extenuating Circumstances".  Although most of this material has always been set out somewhere it is helpful to get it all set out together.  The Home Office have been very wary about issuing materials that explain the criteria for their Legacy Programme (also known as Case Resolution).  I have been attempting to have them release their internal guidance used to consider cases under this scheme under the Freedom of Information Act and they have now indicated this is it.  The guidance extends to 50 + pages and in my view it is simply not possible to write 50 pages without getting something wrong!  It is against this document that refusal letters both under the legacy programme and elsewhere require to be considered for Judicial Review challenges.  See Border and Immigration Agency website, Operational Enforcement Manual, Chapter 36 (Update - at August 2008 this information is now found at chapter 55 of Enforcement Instructions and Guidance).

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