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—
- a
a person making a claim for asylum which has either not been determined or has been granted;
- b
a person who has been granted humanitarian protection under the immigration rules;
- 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;
- 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
- e
a child who was born in the United Kingdom to a person referred to in paragraphs (a) or (b);
- a
“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—
- a
a victim of human trafficking; or
- b
a victim of slavery, servitude or forced or compulsory labour;
- a
“specified human rights application” means an application for limited leave to remain in the United Kingdom under—
- a
paragraph 276ADE(1) of the immigration rules;
- b
section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;
- c
section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or
- 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);
- a
“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—
- a
because of the applicant’s personal situation;
- b
because the applicant is co-operating with a police investigation or criminal proceedings; or
- c
in order to pursue a claim for compensation against the applicant’s trafficker or modern slavery facilitator.
- a
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