AC-2024-LON-003989 - [2025] EWHC 2148 (Admin)

Both parties’ Counsel also referred me to the Explanatory Memorandum for amended Immigration Rules which came into force in August 2023, so again, I will set out here the relevant parts of that Guidance relied on by the parties in their submissions:

“Improving clarity regarding withdrawing asylum claims

7.18

Changes are being made to Part 11 of the Immigration Rules to improve clarity regarding the withdrawal of asylum applications whilst strengthening our ability to promptly treat as withdrawn asylum applications from individuals who do not comply with processes. 

7.19

The amendments to paragraph 333C clarify that consideration of all withdrawn asylum claims will be discontinued.

7.20

Paragraph 333C(a) provides greater flexibility to accept explicit withdrawals where a claimant requests a withdrawal of their claim in writing but fails to do so on a specified form, preventing duplicative correspondence with the claimant. 

7.21

The inclusion of 333C(b)(i) will ensure the progression of applications more efficiently by helping to prevent absconder scenarios. This makes absolutely clear that the burden is on the claimant to keep the Home Office up to date with their contact details, and failure to do so may result in a withdrawal of the asylum claim. 

7.22

The inclusion of 333C(b)(iv) details the requirement to attend any reporting events and where there is a failure to do so, the result may be the application being treated as implicitly withdrawn. This will also ensure efficiency with application progression through preventing potential absconder scenarios. 

7.23

These changes will extend the circumstances in which an asylum claim may be withdrawn. By providing more clarity, it will enable decision-making resources to be concentrated on those who genuinely wish to continue with their asylum claims in the United Kingdom