legal and social conditions for asylum seekers and refugees in ...

In the 12 months to the end of June 1999, refugee status was granted in 30% of decisions. This
was a higher figure than usual, given the number of decisions made in Kosovo Albanians’
applications in the period.
Quota refugees
The United Kingdom does not operate any formal quota system, but does consider individual
resettlement requests from UNHCR for mandate refugees. It also participates in the “10 or more”
scheme, by which at least ten refugees with disabilities nominated by UNHCR are accepted each
year.
Other types of status
Exceptional leave to enter or remain (ELR): there is no provision for the granting of Exceptional
Leave to Enter or Remain in the Immigration Rules. The granting of such leave is a discretionary
decision taken by the Secretary of State for the Home Office. This makes decisions to grant or
refuse ELR status difficult to contest by way of appeal. However, the Home Office has published
instructions to its caseworkers, see below, which indicate circumstances in which ELR must be
granted.
ELR will also be granted in cases to which Article 3 of the European Convention on Human
Rights or Article 3 of the UN Convention against Torture apply.
ELR may be granted in cases where there are particular compassionate circumstances or where
conditions prevailing in a country (e.g. civil war) are such that it would be unreasonable to return
a rejected asylum seeker there. ELR may also be granted if a first decision has still not been
made within seven years of an application.
ELR is normally granted for four years, after which the person may submit an application for
indefinite leave to remain (ILR), which is rarely refused. Prior to 24 July 1998 ELR was granted
initially for one year, and could be extended for two further three-year periods. After seven years
of ELR, an application could be submitted for indefinite leave.
In the 12 months to the end of June 1999, ELR was granted in 10% of decisions.
Temporary Protection Programme: after 1992 some 2,500 refugees from Bosnia-Herzegovina
were allowed into the UK under a temporary protection programme. In 1999 the UK agreed to
take up to 5,000 Kosovo Albanians under the UNHCR Humanitarian Evacuation Programme.
These forms of temporary protection are intended to lead to return when conditions in the country
of origin are judged to be safe. They are not covered by the Immigration Rules. Both programmes
have ended, and those granted temporary protection were permitted to transfer their status to
ELR, or to make claims for asylum through the normal procedure.
From time to time the Secretary of State announces a policy of halting removals to particular
countries. In the past two or three years these have included the Democratic Republic of Congo,
Algeria, Angola and Sierra Leone. Formerly these gave no status, and simply amounted to a
suspension of any removals. More recently they have (e.g. in the case of Sierra Leone) led to
ELR, and where this is extended for a period of four years, those covered may apply for indefinite
leave to remain at the end of that time.
Submission of asylum applications
All requests for asylum, whether made on arrival or after entry into the country, are at present
considered by the Integrated Caseworking Directorate within the Immigration and Nationality
Directorate of the Home Office, which is responsible for all decisions relating to claims for asylum,
including the recognition of refugee status, the granting of ELR or the decision to refuse an
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United Kingdom