EL (Ex-minor, ELR, Return) Kosovo

The appellant, an ethnic Albanian citizen of Federal Republic of Yugoslavia from Kosovo, appeals with leave of the Tribunal (Mr AR Mackey, Vice President) against the determination of an Adjudicator (Mrs I A M Murray) dismissing his appeal on asylum and human rights grounds against the decision of the respondent on 14 March 2001 to refuse to grant asylum. Before us the appellant was represented by Mr M Quayum of Camden Community Law Centre. The respondent was represented by Mr M Blundell.

The appellant was born on 28 September 1983. At the date of decision he was under 18 years old. The notice refusing to grant asylum states:

"It has been decided, however, that because of the particular circumstances of your case, you should be granted exceptional leave to remain in the United Kingdom. The Secretary of State therefore grants you leave to remain until 28/09/2001."

The appeal to the Adjudicator accordingly lay under Section 69(3) of the Immigration and Asylum Act 1999. In dealing with the question of the grant of exceptional leave, the Adjudicator said at paragraph 18 of the determination:

"Also raise the issue of failure to give reasons in respect of ELR granted to this applicant who was a minor when he arrived in the United Kingdom. The asylum and human rights points raised in the grounds of appeal do not appear to be the basis of an arguable appeal. However, the Home Office policy point in relation to ELR may be arguable. Leave is granted on this ground only."