How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported?

Since 2011, the restricted leave policy has sought to address that question.

Restricted by name and restrictive by nature, the policy envisions short grants of leave, usually for six months at a time and with conditions. The objective is to prevent recipients from becoming established in the UK so that they are easier to deport as soon as conditions allow. The policy states that only in exceptional circumstances will a person who has been in receipt of restricted leave ever be granted indefinite leave to remain (ILR).

But what if there is no realistic prospect of removal even after years of restricted leave?

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Sharmistha Michaels is a barrister specialising in Human Rights, Extradition, Immigration, Asylum and Professional Discipline & Regulatory law. Sharmistha provides advice and representation in all areas of immigration, asylum, nationality, EU free movement, deportation and detention.

Amy Woolfson is a barrister who deals with extradition cases. Solicitors have instructed her in extradition hearings at all stages in Westminster Magistrates’ Court, from first appearances to final hearings. Amy has experience of complex international extradition cases including working with Ben Keith on a number of INTERPOL Red Notice cases.