IB is just one of many examples of cases we have brought against the Home Office regarding their delay in making a decision on an individual’s asylum and/or trafficking claim.
IB was a national of Russia. He left Russia in 1997 after becoming embroiled in a blood feud and threats were made against his life. Although he resided in Germany until 2016, he was forced to leave there also when threats were made to deport him back to Russia.
IB entered the UK in late 2016 whereupon he claimed asylum. By February 2019, he had been waiting more than 2 years for a decision on his claim. Despite attempts that had been made to chase a decision from the Home Office and promises to make a decision as soon as possible, nothing was forthcoming.
Proceedings for judicial review were issued against the Home Office regarding the delay. It was argued that the Home Office had acted in breach of European Directive, the Immigration Rules, its own policy and timescales set down within previous case law by failing to make a decision within 12 months. It was further argued that the Home Office had breached IB’s legitimate expectation that he would receive a decision within a reasonable period of time and its procedural requirements by failing to give IB regular updates on the progress of his case, the time frame within which a decision could be expected and reasons for the ongoing delay.
As soon as judicial review proceedings were issued against the Home Office, it realised its error and the matter concluded very quickly thereafter. The Home Office agreed to settle the judicial review by offering to make a decision on IB’s claim within a period of 3 months.