i have a client who was an asylum-seeker. his application was refused and appeal lost. hewas however granted ELR for 1 year on medical grounds. His application to extend was refused and an appeal lodged within the 10-day period. He is currently awaiting an apppeal hearing.

According to s.3C immigration Act, and s.115 IAA 1999 he is subject to immigration control and not entitled to benefits. However, he is from Turkey and therefore covered by ECSMA. The question is, is he lawfully present in these circumstances. I would argue that he is, as his leave is treated as continuing, but not for benefit purposes to avoid being PSIC.

Any ideas?

This case is similar but not analogous to Szoma, any news on that by the way?

I agree-


your client is not on temporary admission and therefore is lawfully present. Whilst his appeal is continuing he continues under Para 17 of Sch 4 to have his old status of ELR- which obviously gave him leave to be in the UK. Whilst that means he is a PSIC under sec 115(9)(d) A&I Act 1996, he is then exempted under the Imm. and Asylum (Consequential Amendments) Regs by virtue of his ECSMA status.


Claim on.

thanks for that

confirmation always appreciated. we shall see what happens

Fri 09-Jul-04 02:21 PM by ken

Thanks to Sue Willman of Pierce Glynn, latest news on the Szoma case -

on 8.7.04 at an oral hearing, the House of Lords granted permission to Mr. Szoma, a Polish asylum-seeker, to appeal against the decision of the Court of Appeal that an asylum-seeker with temporary admission is not lawfully present in the UK.

(see the related rightsnet news story On arrival asylum seekers not lawfully present - Court of Appeal decision).