Up to 1100 families could benefit from the review, including Zimbabweans who have been settled there and become “integrated” into Scottish society.

Campaigners hope the Home Office will also review some 449 000 legacy cases in England, Wales and Northern Ireland which unlike Scotland, do not have a separate legislative authority.

Lin Homer, the Border Immigration Authority’s chief executive said the Scotland review would consider a range of factors in deciding whether people could remain in the country on a case-by-case basis.

She added: “This would include how long people had been in Scotland, whether they had obeyed the law, whether they had been honest in their asylum applications and whether the merits of their original case had changed.”

The “legacy cases” relate to asylum seekers who have been in Scotland for several years and whose asylum claims have been refused and any appeals dismissed, but the families or individuals remain in Scotland.

The Zimbabwe Association, a campaigning pressure group, says 16 145 Zimbabweans applied for asylum in the United Kingdom between 2000 and 2004. It is not known what percentage of the applicants is in Scotland, although many of the claims remain unresolved or have been dismissed.

The Zimbabwe Association says 1 010 Zimbabweans claimed asylum in 2000, a further 2 115 in 2001, some 7 695 claims in 2002, 3 280 claims in 2003 and 2 045 in 2004.

Asylum groups warn that the review process could result in increased pressure on the Home Office to remove the "legacy cases" families and individuals, mainly from right wing anti-immigration groups and media, but lawyers remain confident many will be allowed to settle.

The Positive Housing pressure group says a recent change in case law could make it difficult for the Home Office to argue that it is “proportionate and necessary” (Huang case, 2007) to remove families who have been settled in Scotland for several years.

The group said: “If you can demonstrate that you and your family are ‘integrated’ into Scottish society, your lawyer could have a greater chance of proving it would breach your human rights to uproot your family and forcibly remove you from the UK.

“It is extremely important that you and your family prepare evidence of integration to give to your solicitors, who may submit this to the Home Office as a fresh representation when they think it is appropriate. This evidence could help your solicitor to argue for your release if you are detained by the Home Office.”

The group lists several things that families and individuals could do to prove their “integration” into Scottish society including:

• Family photos showing the difference from first arrival, to the present time

• Letters of support from school/college, support workers, doctors, health visitors, faith and/or community leaders, friends/neighbours

• Evidence of volunteering or other activity that has benefited the wider community

• Include the thoughts of their children about being born and/or growing up in Scotland;

• Obtain a petition from their local community, faith group or others

• Stress the strength of their ties to Scotland, including community, local school, college, places of volunteering, places of worship, friends, neighbours and family, their knowledge of English, hopes for future studies or career or how they and their family can contribute to Scotland as neighbours, workers, students or citizens of Scotland.

“In fact anything to demonstrate your enduring connection to Scottish society could help,” said Positive Housing.

In March the Scottish First Minister Jack McConnell stated that the Scottish Executive were in talks with the Home Office to look at long-running cases involving children grown up in Scotland. He said he wanted a "sensitive" approach to be taken, and expected many families would be allowed to remain.

McConnell said many youngsters in this situation now regarded themselves as Scots.

"That is why I believe that those legacy cases are so important. We have received a commitment from Home Office ministers that they will be properly looked at... I want to ensure that in implementing that commitment due care is taken in relation to the futures of those young people because of their contribution to our schools," he said.

Britain is currently not deporting Zimbabwean asylum seekers awaiting the outcome of a test case brought by an asylum seeker only known as AA. The Court of Appeal recently referred the matter back to the Asylum and Immigration Tribunal after lawyers for AA argued that the Tribunal had ignored some key evidence in dismissing AA’s appeal.
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