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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi, Whats the form that can be used for failed asylum seekers

Resolved Question:

Hi,

What's the form that can be used for failed asylum seekers to apply for leave in the UK under article 8 echr (family ties)?

In the guidance notes all the forms I can find on UKBA website say that they're not suitable for failed asylum seekers, although the law appears to be that failed asylum seekers have a right to be considered.

It's very frustrating...which form might be appropriate?

Thanks!
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.
Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

There is not a separate form for this type of application.

This would fall under a discretionary application and for this you will need to submit an application on Form FLR(O).

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 4 years ago.
Hi, thanks for your answer. I'm not sure though, it does say in page 1 of the flr o guidance notes that you must not use the form to submit further submissions on asylum or human rights grounds after the refusal of an earlier asylum or human rights claim. My partner was refused asylum back in 1998. As a failed asylum seeker, can he still use this form? Can you clarify the meaning of the guidance notes, am I understanding it incorrectly? Many thanks.
Expert:  INC replied 4 years ago.
Hi,

I hope I have not misinterpreted your question.

From what I understand, your human rights claim arose after your asylum claim was refused. If this is the case, you are not submitting further representations to your old claim but are now claiming that you have acquired rights by virtue of the human rights act and those rights are separate from the asylum claim.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Expert:  INC replied 4 years ago.
Hi,

I have just double checked with a colleague who has confirmed that it is form flro.

I hope this answers your question. If so, kindly click accept.

Kind regards,
INC and other UK Immigration Law Specialists are ready to help you

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