We’ve heard it all before – new unit being set up to clear up outstanding cases, attempts to disguise UKBA incompetence. The news that the UKBA have been manipulating statistics to show they are clearing up legacy cases (unresolved asylum cases) by dumping them in to a “controlled archive” is a misnomer and should properly be called “uncontrolled archive”.
However, most media reports upon this backlog concentrate upon the failure of the UKBA to resolve cases and remove people when the emphasis should be on early and competent decision making so individuals/families can plan their lives rather than their lives being “on hold” until they hear from the UKBA.
We have many clients whose legal claims have not been resolved and are now probably with the Case Assurance and Audit Unit after closure of the Department that dealt with legacy claims or in the “controlled archive”.
We expect there to be legal challenges to delays in dealing with legacy cases. The court have been sympathetic to the UKBA deadline to have resolved these cases by July 2011 but we would not expect them to be sympathetic much longer in view of the UKBA incompetence and the continuing disruption to individual and family lives. Also, there does not appear to be any defined and consistent criteria upon which persons are refused under legacy or in the grant of discretionary leave (which does not resolve the backlog of cases – the original aim of the legacy process – since further applications for stay are required).
Senior Immigration Caseworker
One Immigration Ltd.