The Home Office “Suitability: Exclusion from Asylum or Humanitarian Protection” Guidance is intended to help decision-makers decide whether someone should be refused entry clearance, permission to enter or permission to stay because they do not meet the suitability grounds. Specifically, the Home Office is trying to stop someone who is (or should be) excluded from protection from finding a different way to enter or stay in the UK.
Suitability requirements are set out in Part 9 of the Immigration Rules. According to the Guidance,
Paragraph 9.5.1. of Part 9 of the Immigration Rules provides that entry clearance, permission to enter and permission to stay may be refused on suitability grounds where the applicant is, or would be, excluded from protection.
Paragraph 9.5.2. of Part 9 of the Immigration Rules provides that entry clearance, permission to enter and permission to stay held by a person may be cancelled where the applicant is, or would be, excluded from protection.
Under the Suitability requirements, the Home Office can refuse an application for protection or cancel someone’s leave if they decide:
- The person is excluded from being a refugee, for example because they have committed a serious crime or a war crime
- The person is excluded from humanitarian protection, or their protection has been revoked (similar examples as above)
- The person is a danger to public security
- Other reasons
Some suitability grounds are mandatory (meaning that the Home Office will refuse the application) while others are discretionary (meaning that they may refuse it).
Some examples of grounds for mandatory refusal
- the Secretary of State has personally directed that the applicant be excluded from the UK
- The applicant is the subject of an exclusion order
- The applicant is the subject of a deportation order, or a decision to make a deportation order
Some examples of grounds where refusal is discretionary
- has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months
- has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record
The burden of proof is on the Home Office to show that the suitability grounds apply.
On 1st of June 2023, the Home Office updated this Guidance by clarifying that it does not apply to the Adult Dependent Relative route. The Adult Dependent Relative route is for people who require long-term personal care to perform everyday tasks due to age, illness or disability and that care must be either not available or not affordable in the country where the applicant is living. The requirements are contained in Appendix Adult Dependent Relative of the Immigration Rules.
Please note that different provisions apply to Appendix FM applications.
If you wish to book a consultation to discuss your suitability, please call our team of trusted advisors at 0208 995 3556.
By Tiffany Carpenter
15/06/2023