InterpretationU.K.
This section has no associated Explanatory Memorandum
1.—(1) In this Schedule—
“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—
(a)
a person making a claim for asylum under Part 11 of the immigration rules which has either not been determined or has been granted;
(b)
a person who has been granted humanitarian protection under that Part of the immigration rules;
(c)
a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;
(d)
a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or
(e)
a child who was born in the United Kingdom to a person referred to in paragraph (a) or (b);
“claim for asylum” has the meaning given by section 94(1) of the 1999 Act ;
“positive conclusive grounds decision” means a decision made by a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention that the applicant is either—
(a)
a victim of human trafficking; or
(b)
a victim of slavery, servitude or forced or compulsory labour;
“specified human rights application” means an application for limited leave to remain in the United Kingdom under—
(a)
paragraph 276ADE(1) of the immigration rules;
(b)
section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;
(c)
section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or
(d)
any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention rights);
“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings ;
“Trafficking Convention reason” means a reason, in accordance with the United Kingdom's obligations under the Trafficking Convention, that the applicant's stay in the United Kingdom is necessary —
(a)
because of the applicant's personal situation;
(b)
because the applicant is co-operating with a police investigation or criminal proceedings; or
(c)
in order to pursue a claim for compensation against the applicant's trafficker or modern slavery facilitator.
(2) For the purposes of this Schedule a claim for asylum is determined on—
(a)the day on which the Secretary of State notifies the claimant of the decision on the claim;
(b)if the claimant has appealed against the Secretary of State's decision, the day on which the appeal is disposed of; or
(c)if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 , the day on which the appeal is disposed of.
[(2A) In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—
(a)as the dependant partner or dependant child [, or the dependent partner or dependent child,] of a particular description of person, or
(b)as a dependant partner or dependant child [or a dependent partner or dependent child], or any other description of dependant, on a particular route under that Appendix,
is to be construed in accordance with the Appendix in question.]
[(3) For the purposes of sub-paragraph (2A) there is to be regarded as being no difference between—
(a)the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or
(b)the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other.]
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