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Court grants permission for legal challenge to reduction of refugee protection from five years to 30 months

Summary

Asylum Aid and Duncan Lewis Solicitors both report receiving permission to proceed with challenge

By EIN
Date of Publication:
Royal Courts of Justice [Source: Wikipedia] [Credit: David Castor]

Asylum Aid said today that it has received permission from the court to proceed with a legal challenge against the Government's decision to reduce the initial period of refugee protection from five years to two and a half years.

The charity said it has also asked for a hearing to take place as soon as possible.

The legal challenge concerns changes announced by the Home Secretary in March 2026. Under the new "core protection" system, refugee status is temporary and subject to review every 30 months. Previously, refugees received a five-year grant of leave and were able to apply for settlement after those five years.

Asylum Aid argues that the changes are unlawful and will increase instability for refugees, making it harder for them to establish stable lives. In its statement of facts and grounds and accompanying evidence filed with the court, Asylum Aid says it has challenged the way in which the policy was brought in, the lack of consultation with relevant stakeholders, its retrospective effect, and what it says was a failure to consider the true impact the new rules will have on refugees and Home Office operations.

The charity says it wants the Government to reverse the changes and restore the previous five-year grant of leave for refugees.

The Executive Director of Asylum Aid commented: "Our clients already wait months, often years, for a decision on their asylum claim. When they finally receive protection, people can begin to rebuild their lives after suffering unimaginable trauma. This reduction in status will severely limit recovery leaving refugees at risk of exploitation, impede community relations and cause further administrative burdens in an already backlogged asylum system."

Asylum Aid is represented in the case by Freshfields on a pro bono basis.

On Friday last week, Duncan Lewis Solicitors said it had also been granted permission to challenge the decision to reduce the length of leave granted to refugees from five years to 30 months. The firm said the court had ordered that its claim would be heard as soon as possible on or after 4 November 2026, alongside related cases.