Waiting 12 years for a decision on Asylum…

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  • #35015
    Stalbansbenefits
    Participant

    It’s been years since I’ve had to deal with an Asylum seeker.

    HB claim from a Ukranian gentleman. He has provided documentation that he applied for Asylum in 1996 and he states he has yet to receive a decision on this!

    I have my doubts as to whether this it true (especially considering he has previously been working and has a Nino), but if we accept it is, I know there are some sort of transitional protection for people who claimed Asylum prior to 2000. However, the guidance seems pretty vague on this.

    [quote:58cd6902b3] Transitional arrangements

    19 Asylum seekers who applied for asylum before 3 April 2000 will not be supported by NASS. [b:58cd6902b3]If they were eligible for social security benefits at the time of their claim for HB/CTB they will continue to receive benefit until the first negative decision [/b:58cd6902b3]on their asylum application.

    20 Asylum seekers who applied before 3 April 2000 and who are not eligible for HB/CTB may be eligible for support from Social Services Departments under the provisions of the interim scheme introduced by the Immigration and Asylum Act 1999.
    [/quote:58cd6902b3]

    Does the bit in bold means that he would have to have been claiming HB/CTB prior to 03/04/2000 to continue to get it after this date? Assuming his Asylum application is still outstanding would he need to contact Social Services?

    #52680
    stevedaymond
    Participant

    Have you contacted the LA department of the Home Office to confirm his statement that a decision has not yet been made? 13 years seems a long time to be waiting for a decision.

    #98420
    Stalbansbenefits
    Participant

    Yes, I’ve sent off the forms from the Guidance Manual but I was trying to pre-empt the situation if he really has been waiting that long!

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