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Following the judgment of the Supreme Court in R (on the application of Alvi) (Respondent) v Secretary of State for the Home Department (Appellant), the Rules have been amended to include the requirements to be met for limited leave to remain as an unaccompanied asylum seeking child to be granted.
The Rules reflect Home Office existing policy approach in terms of who qualifies for discretionary leave as previously set out in the Discretionary Leave guidance Unaccompanied children who submit asylum applications and who are over the age of 17 ½ will have their applications considered as children. If their claim for protection is refused, they are likely to have reached the age of majority when the asylum and appeals processes have concluded. Unaccompanied children can apply for leave under the Immigration Rules at the expiry of their current discretionary leave. As is current practice, existing contact management strategies are utilised to ensure that children, their social workers and legal representatives, apply for further leave at the conclusion of existing leave.