Until 30 August 2005, persons recognised as refugees in the UK were granted Indefinite Leave to Remain. Generally there would be no reason for this grant of leave to be reviewed, unless perhaps in a case where an individual came to the adverse attention of the authorities, for example through criminal activities. However after that date a refugee receive a Residence Permit (UKRP) valid for five years, at the end of which time they must make an application for indefinite leave to remain: see immigration rule 339Q(i). It appears that those who apply for settlement before their UKRP expires will receive a positive response without the need for the decision maker to conduct an in-depth review (see para 7.1 of Refugee Leave policy); overstayers, on the other hand, will be actively considered against the Cessation provisions.

This month, August 2010, sees the first cohort of refugees reach the moment where they are liable for withdrawal of refugee status.  This may take place due to cancellation, as where circumstances come to light showing the individual should never have been granted status (here, the test is whether “his misrepresentation or omission or facts, including the use of false documents, were decisive for the grant of asylum”); or due to cessation, either by voluntary conduct of the refugee (who has sought a new nationality or availed themselves of their country’s protection) or due to an improvement in the country situation. The latter is likely to be found to be the case only where “the change of circumstances is of such a significant and non-temporary nature” (rule 339A), and will only take place, unless a trigger event sets off consideration of cessation (such as an extradition request, or the detection of behaviour that is thought unacceptable), on a “category” rather than an individual basis, where a Ministerial Statement regarding a class of which the refugee is a member is made. The ECJ has made it clear, in its first decision on refugee law issues, Abdulla, that the focus must be on whether the country can now offer effective protection against the harm originally feared.