Home office policy for statements of evidence

Immigration practitioners will be aware of the difficulties caused to asylum applicants and their solicitors where a statement of evidence form is received by the Home Office within the prescribed time limit, but the Home Office makes a non-compliance refusal in error.

This notice sets out Home Office policy in relation to its new approach to dealing with these cases further to a recent judicial review application which was settled by the Home Office.The Law Society, the Immigration Law Practitioners' Association and others have consistently lobbied on the issue of asylum policy and procedure.

Practitioners are reminded of the current general requirements in relation to the returning of statement of evidence forms as set out below.Asylum procedures - information relating to statement of evidence forms (SEFs)Requesting an extension to the 10 working-day deadline for completing a SEFSolicitors should telephone the Immigration Nationality Enquiry Bureau (INEB) on 0870 608 1592 for specific cases or 0870 606 7766 for general enquiries.

The immigration minister indicated to the Law Society that a decision will be given promptly.

A decision to grant an extension will only be made in exceptional circumstances where there is a reasonable explanation for an applicant's inability to make a prompt and full disclosure of material facts.Returning medical reports and foreign language documents with the SEFAll additional documentary evidence should be attached, with translations into English where appropriate.

Where a medical report is needed for cases involving allegations of torture, or where it is not possible to obtain a translation of any other relevant material within the 10-day deadline, the SEF should still be returned in English within 10 working days, stating that either a medical report is to follow or with a copy of the foreign language documents attached.However, the Home Office expects translations to be provided before substantive interview.Options for returning the SEF:l By post to SEF, Asylum Co-ordination Unit, PO Box 1234, CR9 1ZX;l By hand to the public caller unit;l By fax to 020 8760 3017.Non-compliance refusals made in error The secretary of state will withdraw a decision to refuse an asylum claim on the ground that the SEF was not received within the prescribed time limit, and make a fresh decision, where:l The asylum seeker requests within three months of receipt of the decision refusing asylum withdrawal of the decision on the ground that the SEF was received in time, and;l The secretary of state accepts that the statement of evidence form was received in time and that no account was taken of the form in making the decision.