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Policy statement on Article 1F of the Refugee Convention: restricted discretionary leave

Organization: 
UK Border Agency
Date of Publication: 
2 September 2011
Summary: 

The UKBA has issued a new "restricted leave policy" for all cases excluded from the protection of the Refugee Convention by virtue of Article 1F but who cannot be immediately removed from the UK due to Article 3 of the European Convention of Human Rights.

The UK Border Agency has issued the following policy statement:

'With effect from 2 September 2011, all cases excluded from the protection of the Refugee Convention by virtue of Article 1F but who cannot be immediately removed from the UK due to Article 3 of the European Convention of Human Rights will be subject to a new, tighter, restricted leave policy.

'Such cases should usually only be granted restricted discretionary leave to remain for a maximum of 6 months at a time, with some or all of the following restrictions:

  • a condition restricting the person's employment or occupation in the UK;
  • a condition restricting where the person can reside;
  • a condition requiring the person to report to an immigration officer or the Secretary of State at regular intervals; and
  • a condition prohibiting the person studying at an education institution.

'In addition, relevant information on all Article 1F cases will be referred by the UK Border Agency to the Independent Safeguarding Authority (ISA) to consider whether the individuals concerned should be barred from working/volunteering in ISA-regulated fields.

'This policy applies to all relevant individuals, whether they are seeking leave or renewal of leave to remain, including cases in which a previous grant of leave to remain was for a period longer than 6 months.

'The power to attach conditions to leave is provided by section 3(1)(c) of the Immigration Act 1971. A person who knowingly fails to observe a condition of their leave commits an offence by virtue of section 24 (1)(b)(ii) of the Immigration Act 1971. Where appropriate, this policy will be enforced by the prosecution of individuals who do not comply with the conditions of their leave.'

You can download the interim guidance here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/asylumpolicyinstructions/article-1f/restricted-leave.pdf?view=Binary