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United Kingdom
Country of Decision : United Kingdom
Court Name : UK: Upper Tribunal - Immigration and Asylum Chamber
Date of decision : 22/08/2018
Type :
ECLI :
Case Number/Citation/ Document Symbol : [2018] UKUT 299 (IAC)

T.M. (A Minor), R. (on the application) vs Secretary of State for the Home Department

The applicant is an Afghan minor, who fled Afghanistan in 2015 at the age of 14 and entered the UK on 28 October 2016 under "Operation Purnia" to live with his uncle, after he lived in the Calais camp in France. He submitted an asylum claim on 24 November 2016. His first interview took place in March 2017, but this was cancelled and followed by another interview at the end of May 2017. His solicitors requested several updates on the case but received no explanation concerning the delay. They finally lodged a claim for challenging the delay in February 2018. The Tribunal noted that there were no specific time limits for reaching a decision on an asylum case and the notions of "reasonable" time-limit and "as soon as possible" were indeed dependant on the particular circumstances of the case. However, it underlined the fact that the applicant's case was without any complexities, he was a minor throughout the whole procedure and the asylum authorities failed to prove that they took into account his best interests at any stage of the decision-making process. Under the light of these considerations, the Judge found that the total delay of 21 months is so excessive that it can be considered as manifestly unreasonable and therefore, unlawful.

Afghanistan; First Instance determination;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

United Kingdom,UK: Upper Tribunal - Immigration and Asylum Chamber , T.M. (A Minor), R. (on the application) vs Secretary of State for the Home Department, 22/08/2018
UK: Upper Tribunal finds 21-month delay on minor's asylum request unlawful

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=213