Waiting 12 years for a decision on Asylum…

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    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.

    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?


    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.


    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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