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Travel documents for foreign citizens returning to the U.S.

If you are a citizen of another country and have been living in the U.S., you may need special documents if you leave the U.S. and then return.

Travel documents for permanent and conditional permanent residents

If you are outside the u.s. for less than one year.

If you are a permanent or conditional permanent resident who has been away from the U.S. for less than one year, you will only need to show your Green Card upon re-entry to the U.S.

If you are outside the U.S. for one year or longer

If you are a permanent or conditional permanent resident who has been outside the U.S. for one year or longer, apply for a re-entry permit before you travel. Use Form I-131 - Application for Travel Document .

• For permanent residents, the re-entry permit is valid for two years from the date of issue.
• For conditional permanent residents, the re-entry permit is valid for two years after the date of issue. Or it is valid up until the date you must apply for removal of the conditions on your status , whichever date comes first.

Travel documents for other foreign citizens living in the U.S.

If you are a foreign citizen re-entering the U.S., the documentation you need may depend on your immigration status:

• Advance parole - You may use advance parole to re-enter the U.S. without applying for a visa. It is commonly used for re-entry by people in the process of applying for permanent residence, applying for a status adjustment, or applying for asylum.
• Refugee travel document - You may be able to use this document to re-enter the U.S. if you have refugee or asylum status.

If you need help, contact U.S. Citizenship and Immigration Services (USCIS) .

LAST UPDATED: December 6, 2023

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Home » Guide to Form I-131, Application for Travel Document

Form I-131, Application for Travel Document

Form i-131 overview for:, form i-131 explained, what is form i-131 used for.

Certain non-citizens can file Form I-131, Application for Travel Document , to obtain various travel documentation. The application has different uses depending on the non-citizen's immigration status in the United States. When filing, applicants may request the following types of travel documents from U.S. Citizenship and Immigration Services (USCIS):

Reentry Permit

Refugee travel document, advance parole travel document, humanitarian parole.

Form I-131 is different than Form I-131A, Application for Travel Document (Carrier Documentation). Permanent residents use Form I-131A to obtain travel authorization after losing a green card or reentry permit while traveling outside the United States.

Eligibility to Apply for a Travel Document

Who needs form i-131.

Eligibility to file Form I-131 is dependent on the travel document type. Each travel document has specific criteria. In some cases, immigration status may also affect filing requirements. CitizenPath's Travel Document Package is an online service created by immigration attorneys. It's an affordable way to confirm eligibility and prepare the application correctly.

Permanent residents who anticipate an absence from the United States or one year or more should generally apply for a Reentry Permit. A green card is typically sufficient to reenter the U.S. after trips of less than one year. However, there is a presumption that you've abandoned your permanent residence when the absence is one year or more. A Reentry Permit helps mitigate this problem. With the exception of having to obtain a returning resident visa abroad, a reentry permit does not exempt you from compliance with any of the requirements of U.S. immigration laws. In other words, it is still important that you haven't taken actions that suggest you've abandoned your green card. Learn more about Reentry Permits >>

Individuals with asylum or refugee status generally must have a Refugee Travel Document to return to the United States after temporary travel abroad. In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. This is helpful because many lack a passport from their home country. In fact, the Refugee Travel Document is similar in appearance to a U.S. passport. Permanent residents, who obtained such status as an asylee or refugee, may also need a Refugee Travel Document in place of a passport. Learn more about Refugee Travel Documents >>

Advance Parole

Non-citizens who are in the United States (typically waiting for a more permanent immigration status) may be able to request Advance Parole. If eligible, Advance Parole is necessary to return to the United States after temporary travel abroad.

Although there are other eligible status, individuals with a pending Form I-485 (adjustment of status applicants) and recipients of Temporary Protected Status, use Advance Parole for brief trips. Generally, if you have applied for adjustment to that of a permanent resident, USCIS will deem your application abandoned if you leave the United States without first obtaining Advance Parole. When issued in combination with an Employment Authorization Card, Advance Parole is issued directly on the card (as pictured). Learn more about Advance Parole >>

I-131 Online Filing Options

Can form i-131 be filed online.

At this time, there is no way to submit Form I-131 to USCIS electronically, but you can prepare the form with an online service to make sure you prepare it correctly.

USCIS has not introduced online filing for this form. Regardless, e-file doesn't necessarily mean you get quick processing. If you are interested a quick approval, focus on submitting a well-prepared application package. It’s the difference between saving a couple of days with online filing versus saving several weeks with smooth processing. What’s more, USCIS is not your advocate. They are not looking out for your best interests. If you include information that damages your immigration future, USCIS isn’t going to correct you.

For people who want to make sure they are preparing the application correctly, CitizenPath offers an affordable service created by immigration attorneys. CitizenPath’s Travel Document Package will make the application easy and give you alerts if there’s a problem. You’ll also receive detailed filing instructions so you know exactly which supporting documents to submit with your application. CitizenPath even provides a money-back guarantee that USCIS will approve your application for a travel document.

Form I-131 Instructions

How do i fill out i-131.

CitizenPath's easy-to-use website helps you prepare the application quickly and accurately. Our online service provides step-by-step I-131 instructions to make it easy. We even give you a money-back guarantee that USCIS will approve your application.

If you prefer to fill out the Form I-131 PDF, you can download instructions from USCIS or follow this summary of directions.

General Guidance

• Type or print answers in black ink only. 
• Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
• Foreign language documents must be accompanied by a full English certified translation .
• Submit your application with the current USCIS filing fee . Use a personal check, money order, cashier’s check or use Form G-1450 to pay by credit card.
• Submit photocopies for all supporting documents unless an original document is specifically required.
• For Information About You , answer the general questions about name, address and birth. Carefully indicate how you were admitted to the United States or your current status that makes you eligible for a travel document.

Parts 2, 3, and 4

• For Application Type , select which type of travel document you are requesting. Your choices are very limited based on your immigration status. In rare situations, such as humanitarian parole, you may provide information about yourself in the remainder of the section.
• For Processing Information , supply answers regarding your intended travel, removal proceedings, and previous travel documents. Disposition is an explanation of what happened to the previously issued travel document. Speak to an immigration attorney before traveling outside the United States if you are in removal proceedings or have accrued any time in an unlawful presence. If you are requesting a Reentry Permit or Refugee Travel Document, you may provide address information if you wish that it be delivered abroad instead of your U.S. address.
• For Information About Your Proposed Travel , describe the purpose of the trip and which countries you intend to visit. Generally, there are no restrictions for permanent residents requesting a Reentry Permit for temporary travel. However, individuals who have (or have had) asylum or refugee status should avoid traveling back to their country of claimed persecution. Speak to an attorney first. Likewise, some Advance Parole applicants -- such as DACA -- are limited to specific reasons for travel.

Parts 5, 6, and 7

• For If Applying for a Re-entry Permit , complete the section only if you are requesting a Reentry Permit. Your past time outside the United States may affect the term of your new travel document. Speak to an attorney if you ever considered yourself a "nonresident" during your time as a green card holder.
• For If Applying for a Refugee Travel Document , complete the section only if you are requesting a Refugee Travel Document. Again, any asylee or refugee generally should not travel to their country of claimed persecution. If you must travel to that country, speak to an immigration attorney first.
• For If Applying for Advance Parole , complete the section only if you are requesting an Advance Parole Travel Document. Indicate if the document should be valid for a single use or multiple trips. Again, in limited circumstances, you may provide information about an overseas U.S. embassy or DHS office if the person intended to receive the document is abroad.

Parts 8 and 9

• For Applicant's Statement , sign your application with black ink. A surprising number of I-131 rejections are the result of applicants forgetting to sign or signing in the wrong place. Provide an email and U.S. phone numbers where USCIS can reliably reach you. USCIS will rarely call applicants, but they will use email.
• For Preparer , provide information if applicable. If you prepared your Form I-131, it’s only necessary to sign as the “applicant.” If another person prepared the application for you, be sure Part 9 is filled in and signed appropriately.

This is an abbreviated list of Form I-131 instructions. We highly recommend that you download USCIS instructions or use CitizenPath’s service to prepare the application. CitizenPath provides filing instructions customized to your situation. You’ll get detailed I-131 instructions that explain which supporting documents to submit, how to organize, and where to mail.

Filing Addresses for the Application

Where to file form i-131.

USCIS accepts the I-131 application via mail only. They do not want applicants to submit the form in-person at USCIS offices. USCIS has numerous filing addresses. The address depends on various factors such as the basis of eligibility, travel document type, and U.S. state of residence. For the most up-to-date address, refer to your CitizenPath filing instructions or use the USCIS I-131 direct filing addresses .

Although USCIS receives your application package at these locations, they will process them somewhere else. If you have an interview (rare), it will be at a USCIS field office near the home address you provide.

Form I-131 Processing Time

How long does it take to get a travel document.

USCIS is reporting I-131 processing times in excess of one year at their service centers. Check USCIS processing times for the latest estimates. The best way to ensure a smooth process and quick processing time is to prepare a complete and problem-free application. For this reason, CitizenPath customers generally experience the best processing times for USCIS travel documents.

Expedited processing of a travel document is available in certain situations. For a detailed description of plausible reasons and how to communicate your urgent need, see our article on expedited processing for travel documents .

Reporting for processing times only includes forms that were successfully filed. If an individual does not correctly prepare a form or otherwise does not satisfy eligibility requirements, USCIS will reject or deny these requests. For the most recent year, USCIS reported the following national statistics:

USCIS Rejections in 2023

MODERATE RISK

USCIS Denials in 2023

How citizenpath helps you, is there an inexpensive way to file the i-131 application.

CitizenPath's affordable, online service makes it easy to prepare Form I-131, Application for Travel Document. Designed by immigration lawyers, the Travel Document Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application. Get started >>

Form I-131 Questions and Answers

The USCIS filing fee to submit Form I-131, Application for Travel Document, can vary significantly based on the type of travel document, age, and eligibility category. Use our pricing tool to determine your filing fee .

Generally, adjustment of status applicants may file I-131 "concurrently" with Form I-485 . Concurrently means that you can submit them together. This is the best way to get quick processing.

You may also file Form I-131 after filing Form I-485, but you'll need to wait until you receive the I-485 receipt notice. You'll need the receipt number so that USCIS can link the cases.

Generally, you must file Form I-131, Application for Travel Document, from inside the United States. The granting of an Advance Parole Document for individuals outside the United States is an extraordinary measure used sparingly to allow an otherwise inadmissible non-citizen to travel to the United States and to seek parole into the United States for a temporary period of time due to urgent humanitarian reasons or for significant public benefit. Seek the advice of an immigration attorney if you are outside the United States and feel the need to file Form I-131.

You should apply for a Refugee Travel Document or Reentry Permit before you leave the United States. However, the travel document may be sent to a U.S. embassy, U.S. consulate, or DHS office abroad for you to pick up, if you make such a request when you file your application. Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied.

Permanent residents who are outside the United States for less than one year and lost a green card, may be able to file Form I-131A, Application for Travel Document (Carrier Documentation), to obtain temporary document to return to the U.S.

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UNCLASSIFIED (U)

9 FAM 203.7 

Refugee Travel documents

(CT:VISA-1746;   04-03-2023) (Office of Origin:  CA/VO)

9 FAM 203.7-1  Issuance of Refugee Travel Documents

(CT:VISA-1576;   07-07-2022)

a. DHS issues refugee travel documents on Form I-571, Refugee Travel Document, to implement Article 28 of the United Nations Convention of July 28, 1951. Form I-571 entitles refugees to return to the United States, provided such persons have not abandoned their residence, lost their refugee status, or become excludable.  A valid Refugee Travel Document issued to an asylee, refugee or LPR should be regarded as a reentry permit.  In some instances, an LPR may be issued a refugee travel document, but only upon surrender of any prior reentry permit.  Occasionally, consular sections receive issued refugee travel documents for delivery to refugees abroad temporarily.  Posts should follow the same delivery guidance as for re-entry permit delivery (see 9 FAM 202.2-4(D)(2)).

b. Posts are occasionally contacted by individuals who were admitted to the United States as refugees or who were granted asylum, and who later departed without obtaining a Form I-571, Refugee Travel Document.  If such a person has been outside of the United States for one year or less, they may be eligible to file Form I-131, Application for Travel Document, to apply for a Form I-571. To be eligible, the RTD request must be filed with USCIS within one year of the individual's last departure from the United States. 

c. If the individual is eligible to file, you should refer them to the USCIS Form I-131 website for instructions on where the RTD application must be filed. They must pay the applicable Form I-131 filing fee(s) to the cashier at the U.S. embassy or consulate with jurisdiction over the individual's location and include the fee receipt when submitting their application package to USCIS.  USCIS international offices do not accept the filings of or process RTD applications. USCIS has the discretion to decide whether to accept the Form I-131 filing from abroad.

9 FAM 203.7-2  Refugees with Other Travel Documents

(CT:VISA-1746;   04-03-2023)

a. If an individual has been outside of the United States for more than 1 year, they are not eligible for an RTD.  They may instead apply for parole by filing a Form I-131, Application for Travel Document, with appropriate fee(s) with the USCIS Lockbox, following the Form I-131 instructions.  While the same form is used for both RTD and parole applications, you should refer the individual to the USCIS website "Humanitarian or Significant Public Interest Parole for individuals Outside of the United States" or the USCIS I-131 website for information on how to apply for parole for urgent humanitarian reasons.  If travel is urgent, they should be directed to follow the I-131 instructions for expedited processing.  See also 9 FAM 202.3-3(B)(1) for more on parole requests filed by individuals outside of the United States.

b. Refugees and asylees who have become LPRs may use different documents when traveling abroad, depending on their circumstances.  An LPR who traveled abroad but who is unable to return due to having an expired, lost, or stolen Form I-551, Permanent Resident Card, may choose to apply for an RTD or a Form I-131A, Application for Travel Document (Carrier Documentation), if they have been outside of the United States for less than one year.  If the LPR is not eligible for a waiver of documentary requirements and does not have an unexpired immigrant visa, reentry permit or other valid entry document, or has been outside of the United States for more than one year, the LPR is also potentially eligible for an SB-1 visa.  See also 9 FAM 502.7-2(C) for more on processing returning resident cases.  If they are ineligible for an SB-1 visa, parole may be an option.  Refer such LPRs to the USCIS Form I-131 or I-131A website for instructions on how to apply for these travel documents.  See also 9 FAM 202.2-4 for more on LPR travel with Form I-551, including situations involving expired lost or stolen I-551 cards, boarding foils, and other documents.

9 FAM 203.7-3  Lost Refugee Travel Documents

When an individual claims to have lost Form I-571 while traveling abroad and wishes to apply for a new RTD within one year of their last departure from the United States, you should direct them to the USCIS I-131 website for instructions on how to apply for a new RTD.

Refugee Travel Document Fee: Everything You Need to Know

As a refugee or asylee in the United States, you should strongly consider applying for a refugee travel document if you plan to travel outside of the U.S. Leaving the United States without a refugee travel document can result in an inability to reenter the country or can result in getting placed in removal proceedings.

In this guide, I’ll explain everything you need to know  about the refugee travel document fee. If you have any questions, please feel free to email me directly at [email protected]

• Refugee Travel Document Fee Overview
• Form I-131 Filing Fee
• Biometrics Fee
• How to Pay the Refugee Travel Document Fee

1. Refugee Travel Document Fee Overview

Getting a refugee travel document is a 2-step process. You must first file a Form I-131 with USCIS and then you must attend a biometric services appointment. Each of these steps has a fee associated with it. I’ll explain each fee below.

2. Form I-131 Filing Fee ($105 or $135)

The Form I-131 is the Application for Travel Document. This is the form required to apply for a refugee travel document. USCIS charges a filing fee to review and process this form along with the entire refugee travel document application. The correct filing fee will depend on the age of the person applying for the refugee travel document.

• For people 16 years of age and older, the filing fee is $135
• For people under 16 years old, the filing fee is $105

3. Biometric Services Fee ($85)

In addition to filing the Form I-131, to get a refugee travel document, you must also attend a biometrics appointment. The biometrics appointment typically takes place at a USCIS Application Support Center (ASC). At this appointment your digital fingerprints will be taken.

The biometrics fee is $85 . This fee is only required for people who are 14 years of age up to 79 years of age.

4. How to Pay the Refugee Travel Document Fee

Here are some helpful pointers for how to pay the refugee travel document fee:

• Payment should be made by check or money order. Do not mail cash.
• The bank or financial institution must be located in the United Sates.
• The check or money order must be payable in U.S. currency.
• If you are required to pay the biometric services fee, this amount should be combined with the Form I-131 filing fee. Both fees should be paid with 1 check (not 2 separate checks). Example: if you are 25 years old, you are required to pay both the I-131 filing fee + the biometric services fee. The correct I-131 filing fee is $135 and the biometric services fee is $85. So you would issue 1 check in the amount of $220.
• Checks and money orders should be payable to S. Department of Homeland Security.

5. Conclusion

If you are in the U.S. with refugee or asylee status, and you plan to leave the country, you should strongly consider applying for a refugee travel document. Without a refugee travel document, you may be unable to reenter the country or may face removal proceedings.

The process of getting a refugee travel document can be complicated and stressful. If you need help with your refugee travel document, please feel free to email me at [email protected] . I’d be happy to help you.

• Refugee Travel Document Guide – Ashoori Law
• Form I-131 Instructions

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Michael Ashoori, Esq.

U.s. immigration lawyer.

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question?  Send me an email.

CALL +1-818-741-1117

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About the process

Refugee travel document and certificate of identity services are now available

Find out how to apply for regular or urgent service.

If you already applied and now need a travel document urgently, contact us .

Tell us if your travel document application is now urgent

Fill out our web form :

• Under Type of application/enquiry, select Certificate of Identity/Refugee Travel Document
• include your travel date
• include the reason you need the travel document

Service standards

See  how long it may take us to process your application  under normal circumstances.

There are 2 types of travel documents non-Canadians can use when travelling:

• refugee travel document
• certificate of identity

The application form is the same for both types of travel documents.

They’re issued to

• Convention refugees
• protected persons
• stateless persons
• permanent residents of Canada in special circumstances

The issuing office decides how long your travel document is valid for.

You cannot use these travel documents to go to your country of citizenship.

You should contact the embassy of the country you plan to visit (opens in a new tab) to check if your travel document will be accepted.

• Next: Who can apply

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• Visas and immigration
• Seek protection or asylum

Apply for a Home Office travel document

Refugee travel document.

You can apply for a refugee travel document if either:

• you have refugee status in the UK
• you originally came to the UK on a family reunion visa to join someone who has refugee status

How long it will be valid for

If you’re settled in the UK (known as ‘indefinite leave to remain’), your document will usually be valid for up to 10 years. If you’re 15 or under and settled in the UK, it will usually be valid for up to 5 years.

If you have permission to stay (known as ‘leave to remain’) your document will be valid until the end of your permission to stay in the UK.

Your document may be valid for a shorter time in some cases. For example, because your previous document has been lost.

Countries you can travel to

You can usually travel to all countries except:

• the country you’re from
• any country you sought asylum from

Before you travel

Check which documents you’ll need before you book your travel.

Ask the authorities of the country you’re visiting or travelling through if:

• the country accepts refugee travel documents
• you need a visa to enter the country
• £82 for adults (it’s free if you were born before 1 September 1929)
• £53 for children 15 or under

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Refugee: residence permit, travel document and accompanying document.

Verified 13 avril 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

• You have been granted asylum and are applying for a residence permit
• You are of another nationality
• You have just been granted refugee status

Residence permit

Nature of title.

As a refugee, you are entitled to a resident card allowing you to move freely in France.

How do I get it?

Upon receipt of the mail recognizing you as a refugee, you must submit your card application online.

Apply online for a residence permit, a change of situation, a travel document, an application for naturalization.

The prefecture has 3 months from the decision granting you refugee status to issue you and your family members with your residence card:

• Your spouse, common-law partner or civil union partner, who is already authorized to reside in France for family reunification
• Your spouse or civil union partner, who is at least 18 years of age, provided that the marriage or civil union was entered into before the date on which your asylum application was made.
• Your partner, who is at least 18 years old, with whom you had a sufficiently stable and continuous common life before the date of lodging your asylum application
• Your children within one year of age 18 or aged 16 to 18 who say they want to work
• Your parents (direct ascendants at 1 er degree) if you are a recognized refugee child and you are still a minor and unmarried

When you apply for a residence permit on the Internet, you immediately get a dematerialized certificate deposit.

Documents to be provided

Member of your family.

• Civil status certificate (transmitted by the Ofpra : titleContent to the prefecture)
• Proof of domicile less than 6 months old (or declaration of domicile)
• 3 photos . If the request is made on the internet: enter the code of the e-photo (provided by the photographer or the approved cabin on the photo board).
• Decision of Ofpra or the NDA : titleContent granting you refugee status
• Declaration on the honor of no polygamy in France if you are married and are a national of a country that allows it
• Proof of payment of stamp duty (to be submitted at the time of issue of the license)
• Full copy of birth certificate (unless he already has a residence card) with the most recent entries
• Passport (pages concerning civil status, validity dates, entry stamps and visas). Otherwise, other supporting documents (e.g. consular certificate, identity card, consular card).
• Decision of the Ofpra : titleContent or the NDA : titleContent granting him refugee status
• Proof of marriage (full copy of the marriage certificate or family record book)
• Proof of civil union (copy of civil union contract)
• Proof of parentage for children or for  ascendants (full copy of the birth certificate or family record book, declaration of natural child or adoption decision)
• If he arrived in France on the basis of family reunification: medical certificate issued by the Ofii : titleContent (at the latest at the time of submission of the residence permit)

You need to pay €25 (stamp duty) by tax stamps.

Tax stamps are sold only in dematerialized form (the paper stamp can only be used overseas).

For a renewal of your title, you will have to pay €225 (tax and stamp duty).

Card Delivery

The card is given to you by the prefecture or sub-prefecture where you submitted your application.

Period of validity

The residence card is valid for 10 years and can be renewed.

The certificate bearing the entry recognized refugee and the resident card allow you to work in France.

Travel document

If you wish to leave France for a trip, you can request a Refugee Travel Document (RTV) .

This travel document is biometric and valid for 5 years.

The request can be made on the following website:

Répondez aux questions successives et les réponses s’afficheront automatiquement

The travel document is for a major

• 2 identity photos conforming to standards
• Valid Resident Card: original and photocopy
• Proof of residence in your name (water bills, electricity bills, rent receipt) or a proof of accommodation and copy of the host's identity document
• Proof that you are under protection of the Ofpra : titleContent (example: decision to grant refugee status)
• For a renewal application: old travel document (original and photocopy)

The travel document concerns a minor

In particular, the following documents shall be submitted:

• Photograph code and valid digital signature. Enter the code of the e-photo (provided by the photographer or the approved cabin on the photo board)
• Full copy of the birth certificate with filiation or family record drawn up by the Ofpra : titleContent
• Marriage certificate extract
• Divorce judgment
• Court ruling on parental authority
• Separation Order
• Copy of the court decision delegating parental authority
• Proof of residence of less than 6 months in the name of the minor if the address is different from that of the applicant

The issue of the title is subject to a fee.

You must buy a tax stamp by an amount of €45

Territorial limits of the travel document

The travel document issued to you indicates the country or countries that are prohibited.

In general, it is only your country of origin, but in some cases, fears of persecution may have been established against other countries.

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Code of entry and residence of foreigners and right of asylum: Articles L561-9 to L561-13

Code of entry and residence of foreigners and right of asylum: Articles R561-5 to R561-11

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List of documents to be supplied: points 38 and 39

Order of 27 April 2021 pursuant to Article R431-2 of the Code of Entry and Residence of foreigners and Right of Asylum

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Refugee who left UK for holiday in 2008 stranded in east Africa for 16 years

Saleh Ahmed Handule Ali, now 33, had indefinite leave to remain in UK, but Home Office failed to keep a record

A refugee who left the UK on holiday as a teenager in 2008 has been stranded in east Africa for the last 16 years in a case that senior judges have described as “extraordinary”.

Saleh Ahmed Handule Ali, now 33, arrived in the UK at the age of nine in April 2000 with his mother and two younger siblings from Somalia. They came to join Ali’s father, who had been granted refugee status by the UK government. The family were also recognised as refugees by the Home Office and Ali was given a travel document in 2004 under the refugee convention, which was valid for 10 years.

In 2008 Ali was diagnosed with tuberculosis and in December of that year decided to travel to Djibouti for a short holiday in the hope that the warmer climate would aid his recovery.

At some point after arriving in Djibouti, he lost his refugee travel document and could not get back home to his family, who live in Bristol. As there is no British embassy in Djibouti, he managed to get to neighbouring Ethiopia , and when he finally reached Addis Ababa, he tried at least twice to get assistance from the embassy, without success.

It later emerged that the Home Office had failed to keep a record on its database of the fact that it had granted him indefinite leave to remain in the UK as a refugee. According to a ruling in the court of appeal last week, he has been “stranded in Ethiopia, undocumented, ever since”.

His mother, who suffers from several health conditions, saved up money for several years to engage a solicitor to try to bring her son back home.

In June 2015, a Home Office entry clearance officer refused Ali permission to return to the UK. The family appealed the first tier and in the upper tribunal of the immigration court, but their appeals were rejected.

Ali is undocumented in Ethiopia and is living a hand-to-mouth, destitute existence, unable to work. He survives on the money his mother sends him.

“I have been crying for 16 years over the loss of my son,” his mother, Shamis Dirya, told the Guardian. “We want the Home Office to bring him back to us. But they are not listening to us. When we speak on the phone, I cry and he cries. He has not had a phone for the last three months, so it has been difficult to speak to him. Sometimes we don’t even know whether he’s alive. He went to primary school here, he went to high school here. He only went to Djibouti for a short holiday.”

In the court of appeal, the lead judge, Lady Justice Andrews, said in the ruling by three judges: “This is by any standards and in many different respects a most extraordinary case.”

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The judgment, which granted Ali’s appeal against the refusal of his case and remitted it to the upper tribunal, was critical of the judge in the first-tier tribunal, Adam Rhys-Davies, and said that a clear error of law had been made when he rejected Ali’s case.

Referring to information coming to light in 2017 that the Home Office had no information on its system recording that Ali had been granted indefinite leave to remain in the UK, the judgment said: “Quite how this could have happened … is difficult to comprehend.”

Khalid Khashy of Pristine Law, who represents Ali, said: “Our client understandably has suffered immensely, including from mental health and destitution, whilst living in African countries of Djbouti and Ethiopia in the hope of returning to his home and family in the UK.

“Unfortunately, his ordeal is not over, as the matter is sent back to the upper tribunal for a fresh decision, which could take months. To avoid costs and delays, it is hoped that the Home Office will concede and grant him entry clearance with a sincere apology.”

A Home Office spokesperson said: “It is a matter of longstanding government policy that we do not routinely comment on individual cases.”

• Immigration and asylum
• Home Office

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