SCHEDULE 2APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation1

In this Schedule—

  • “Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

    1. a

      a person making a claim for asylum which has either not been determined or has been granted;

    2. b

      a person who has been granted humanitarian protection under the immigration rules;

    3. c

      a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;

    4. d

      a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

    5. e

      a child who was born in the United Kingdom to a person referred to in paragraphs (a) or (b);

  • “claim for asylum” has the meaning given by section 94(1) of the 1999 Act45;

  • “a competent authority” means a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention46;

  • “positive conclusive grounds decision” means a decision made by a competent authority that the applicant is either—

    1. a

      a victim of human trafficking; or

    2. b

      a victim of slavery, servitude or forced or compulsory labour;

  • “specified human rights application” means an application for limited leave to remain in the United Kingdom under—

    1. a

      paragraph 276ADE(1) of the immigration rules;

    2. b

      section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;

    3. c

      section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or

    4. d

      any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 199847 (public authority not to act contrary to Convention rights);

  • “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings48;

  • “Trafficking Convention reason” means a reason, in accordance with the United Kingdom’s obligations under the Trafficking Convention, that the applicant’s stay in the United Kingdom is necessary49

    1. a

      because of the applicant’s personal situation;

    2. b

      because the applicant is co-operating with a police investigation or criminal proceedings; or

    3. c

      in order to pursue a claim for compensation against the applicant’s trafficker or modern slavery facilitator.

2

For the purposes of this Schedule a claim for asylum is determined on—

a

the day on which the Secretary of State notifies the claimant of the decision on the claim;

b

if the claimant has appealed against the Secretary of State’s decision, the day on which the appeal is disposed of; or

c

if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act50 or section 2 of the Special Immigration Appeals Commission Act 199751 the day on which the appeal is disposed of.