Attachment to FOI request 'People Granted Humanitarian Protection & Discretionary Leave to Remain' (HTML version)

Immigration Research and Statistics

Home Office

Room 1402, Apollo House, 36 Wellesley Road,

Croydon, CR9 3RR

FAO Mr Habben Hale,

Tel +44 (0)208 760 8302

16 October 08

Our Ref: FOI 10283

Dear Mr Hale,

Thank you for your e-mail of the 20th September where you have requested information on people granted Humanitarian Protection (HP) and Discretionary Leave to Remain (DL) from 1st April 2003 to 30th August 2005. This falls to be dealt with under the Freedom of Information Act 2000.

I can confirm that the UK Border Agency holds and publishes statistics about the number of people granted Humanitarian Protection and Discretionary Leave to Remain, based on initial decisions on asylum applications. This information does not, however, include individuals granted either Humanitarian Protection or Discretionary Leave following a successful appeal outcome or other subsequent decision. Obtaining full figures would require a manual search of case files relating to all asylum decisions made between 1 April 2003-30 August 2005 and all case files relating to asylum appeals heard between those two dates. We have estimated that the cost of providing this information would exceed the £600 limit and we are therefore unable to comply with it.

However, the following information has been provided from our published statistics:

Initial decisions (1) made in the United Kingdom on asylum applications from 1st April 2003 to 30 August 2005, excluding dependants, of which were granted:

Principal Applicants

Humanitarian Protection 390

Discretionary leave to remain 8,775

(1) Initial decisions do not necessarily relate to applications made in the same period and exclude the outcome of appeals or other subsequent decisions.

Please note that the information provided above is for principal applicants only and figures are rounded to the nearest 5. Those granted HP between this period were eligible to apply for settlement after three years, however information on those granted a three year HP could only be obtained by examination of individual case records at disproportionate cost. Those on DL were normally eligible to apply for settlement after completing six years in this category.

In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. The Department will, therefore, be simultaneously releasing to the public the information you requested together with any related information that will provide a key to its wider context.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request.  Internal review requests should be submitted within two months of the UK Border Agency sending a substantive reply to your original request and should be addressed  to:

Information Access Policy Team

(Freedom of Information Team)
UK Border Agency
11th Floor - Short Corridor
Lunar House,

40 Wellesley Road
Croydon
CR9 2BY

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours sincerely

Mrs Liza Murray

Immigration Research and Statistics

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