thatsok wrote:munirabid wrote:OH its very SAD. which date HO refused and which ground and does your cousion have a family with him and how long he is in UK?
He has been here for eight years and received the refusal letter this week. Any updates on your case and are you using a private lawyer?
your friend can argue in the appeal these ground as well under UKBA guide line Chapter 53
53.1.2 Grants of Leave to Remain in Exceptional Circumstances
(iii) Length of time in the United Kingdom accrued for reasons beyond the migrant’s control after their human rights or asylum claim has been submitted or refused;
The length of residence in the UK is a factor to be considered where residence has been accrued by an unreasonable delay which is not attributable to the migrant. Periods of residence which are caused by actions of non-compliance attributable to the migrant will not count in the migrant‟s favour. More weight should be attached to the length of time a child has spent in the UK compared to an adult.
Provided that the factors outlined in “Character” or “Compliance” do not weigh against the individual, then caseworkers should also consider where there has been significant delay by UKBA, not attributable to the migrant, in deciding a valid application for leave to remain on asylum or human rights grounds or where there are reasons beyond the individual‟s control why they could not leave the UK after their application was refused. For example:
„Family‟ cases where delay by UKBA, or factors preventing departure, have contributed to a significant period of residence (for the purposes of this guidance, „family‟ cases means parent as defined in the Immigration Rules and children who are emotionally and financially dependent on the parent, and under the age of 18 at the date of the decision). Following an individual assessment of the prospect of enforcing removal, and where the factors outlined in “Character” and “Compliance” do not weight against the individual, family cases may be also be considered exceptionally on grounds of delay where the dependent child has lived in the UK for more than 3 years or more whilst under the age of 18.
Any other case where the length of delay by UKBA in deciding the application, or where there were factors preventing departure, the case worker following an individual assessment of the prospect of enforcing removal and where the factors outlined in “Character” and “Compliance” do not weight against the individual, concludes that the person will have been in the UK for more than 6 years.
(iv) Any representations received on the persons behalf;
These must always be considered and given due weight. Individuals may raise other relevant factors not listed above. These should be fully considered on a case-by-case basis.
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53.1.2 Grants of Leave to Remain in Exceptional Circumstances
If having considered the factors set out in the guidance in 53.1.1 above removal is no longer considered appropriate then Discretionary Leave to Remain should be granted. For further guidance, see Discretionary Leave policy.
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53.1.3 Removal