United Kingdom: Whether under United Kingdom law, a refugee claimant who has been granted refugee status by the United Kingdom loses his or her status by virtue of leaving the United Kingdom before receiving notice of the determination; if so, whether the person can have their convention refugee status reinstated by returning to the United Kingdom
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 19 December 2002 |
| Citation / Document Symbol | GBR39833.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, United Kingdom: Whether under United Kingdom law, a refugee claimant who has been granted refugee status by the United Kingdom loses his or her status by virtue of leaving the United Kingdom before receiving notice of the determination; if so, whether the person can have their convention refugee status reinstated by returning to the United Kingdom, 19 December 2002, GBR39833.E, available at: https://www.refworld.org/docid/3f7d4d96e.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The information that follows was provided on 17 December 2002, in response to the above question, by the Asylum Policy Unit of the Home Office, United Kingdom.
Under UK law asylum applications are linked to leave to enter or remain in the United Kingdom. Recognition of a person as a Convention refugee takes place at the same time as notice of the associated leave decision is given to the applicant.
If a claimant leaves the country before their claim is determined the claim is deemed to have been withdrawn and cannot be re-instated should they return to the country. Should they return they would need to make a new application for asylum.
There is often a delay of a few days between the initial decision on the asylum claim (which does not by itself confer refugee status) and the actual implementation of that decision which includes the grant of Indefinite Leave to Enter or Remain.
If a person were to leave the UK after their refugee status was determined but before they had been notified of the decision regarding leave to enter or remain, they would on return to the UK have to make a fresh claim which would be considered in the light of circumstances at that time. That is, they would not automatically be recognised as a refugee and then [be] granted asylum upon their return (17 Dec. 2002).
Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
United Kingdom (UK). Asylum Policy Unit, Home Office, Croydon, UK. 17 December 2002. Correspondence received by the Research Directorate.
