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100755 MDHOAN 7405
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. EXCEPTIONAL LEAVE MAY BE GRANTED FOR DIFFERENT
REASONS:
(A) 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 AFGANISTAN (AFTER THE SOVIET UNION INVASION), POLAND (AFTER THE IMPOSITION OF MARTIAL LAW) AND THE LEBANON.
(B) INDIVIDUAL CIRCUMSTANCES: EXCEPTIONAL LEAVE MAY BE ALSO BE GRANTED BECAUSE OF COMPASSIONATE CIRCUMSTANCES IN AN
INDIVIDUAL CASE: AGE, HEALTH, YOUNG CHILDREN MIGHT ALL BE FACTORS
TO BE WEIGHED.
(C) EXPEDIENCY: EXCEPTIONAL LEAVE MAY ALSO BE GRANTED WHEN ADMINISTRATIVELY THE AUTHORITIES ARE UNABLE TO DISPOSE OF CASES
IN ANY OTHER WAY.
6.
APPEALS: ASYLUM-SEEKERS ARRIVING AT UK PORTS OF ENTRY WITH- OUT ENTRY CLEARANCE HAVE NO STATUTORY RIGHT OF APPEAL. THEY ARE. ENTITLED TO APPLY FOR JUDICIAL REVIEW OF THEIR CASE OR TO GET AN MP TO MAKE AN APPEAL ON THEIR BEHALF.
7.
THE HOME OFFICE STRESSED THAT ALL CASES ARE CONSIDERED INDIVIDUALLY AND THAT PERCEPTIONS OF AND POLICIES TOWARDS
DIFFERENT COUNTRIES CHANGE OVER TIME.
HOWE
YYYY
DISTRIBUTION
38
MAIN
LIMITED
HKD
SEAD
UND
NNNN
38
LEGAL ADVISERS
MR GILMORE
MR MCLAREN
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