A
and there must be a "real and substantial risk" of persecution for one of the reasons set out in the Convention.
EXCEPTIONAL LEAVE.
5. It does not follow that if an applicant does not qualify for refugee status and has no other claim to remain under the Immigration Rules, he will not be allowed to stay here, There is discretion to grant exceptional leave outside the Rules, and this is frequently used in the cases of asylum-seekers (a total of 2,332 cases in 1986). [Exceptional leave may be granted for
different reasons :
a)
b)
C.
A national policy. A decision may be taken not to return failed asylum-seekers to a particular country because of conditions there (although they are not such as generally to support claims under the Convention). Examples are Afghanistan (after the Soviet invasion), Poland (after the imposition of martial law) and the Lebanon.
Individual circumstances. Exceptional leave may also be granted because of compassionate circumstances in an individual case: age, health, young children might all be factors to be weighed.
Expediency. Exceptional leave may also be granted when administratively we are unable to dispose of cases in any other way. It would have been physically impossible to remove substantially more of the Sri Lanka Tamils who arrived in 1985 and 1986 without an enormous expansion of our enforcement capability. Instead some 3,000 have been given exceptional leave to remain.]
CONCLUSION.
6. I am conscious that a broad account of this sort will raise as many questions as it answers. I would emphasise that cases are considered individually; and that over time our perceptions of different countries, our policies in relation to them and our ability to modify them will all change. Accordingly I would encourage your people, if they are in any doubt when asked for advice, to talk to the relevant caseworkers here who will be able to give them an up to date picture of our approach in particular
areas.
Ули
Tm.
EB'd
T J FLESHER
SпOH UNM 2 OH IWS 20:TT 88. 80'NOS
JUN.03 '88 11:00 GMT HO 2 LUNAR HOUSE