as a whole
rather than individually, for example, the length of residence may not of itself be a factor, but it might be when combined with age and strength of connections with the UK.’ 22. A person’s age would be considered as well as their length of residence in the UK. The guidance recognised that, in general, the longer a person had lived in the UK, the stronger their ties would be. More weight would be attached to the length of time a child spent in the UK compared to an adult. The guidance stated that residence accrued as a result of non-compliance with the requirements of immigration control would weigh against an individual. There was also guidance on what weight should be given to a delay in decision-making when it led to the strengthening of private and family life ties to the UK. The assessment of non-compliance and delay in decision-making was focussed through the lens of the operational objectives of the Legacy Programme. However, the programme was not an amnesty and not all negative factors were waived. It is clear that the personal history of an applicant, including evidence of deception, still formed part of the assessment. The guidance went on to state: ‘
- ____________________________
- Judge Canavan:
- Background
- Hakemi and Others
- but this list is not exhaustive.
- as a whole
- including character, conduct and employment record)
- Revocation of leave to enter or remain
- Deception Cases
- Passage of time
- Genuine Mistakes/Errors
- Previously Overlooked or Considered
- Compelling and Compassionate Circumstances
- ‘6.2.2
- The issues
- Decision and reasons
