Our Asylum Solicitors in London can help those claiming asylum or who have a Human Rights claim.
Applying for asylum, Individuals, who are at risk of being persecuted in their own country, may seek international protection in another country. An individual seeking international protection is entitled to stay in the UK while awaiting a decision on his asylum claim. The UK government is under an international obligation to provide protection to individuals who meet the criteria for asylum in the UK.
To be recognised as a refugee, you will need to show that you are at a real risk of being persecuted because of your race, religion, nationality, political opinion or membership of a particular social group and that your home government is unable or unwilling to protect you.
When you apply for asylum, you will also apply for permission to stay in this country for human rights reasons. If you can show that you would face inhumane or degrading treatment or punishment if you were returned to your home country, then you will have a claim for ‘humanitarian protection’.
You may have other reasons, based on human rights law, that mean you should be allowed to stay in the UK. Asylum law is complicated and it is important that you get good legal advice and someone to put your case for you. Our Solicitors will be able to tell you whether your claim for asylum, humanitarian protection or other permission to stay is likely to succeed.
Types of applications
There are different international treaties under which those fearing persecution can seek international protection in the United Kingdom:
Under the 1951 Geneva Convention Relating to the Status of Refugees, asylum seekers must show that they have a well-founded fear of persecution due to their race, religion, nationality, political opinion or membership of a particular social group, and are unable or unwilling to seek protection from the authorities in their own country.
It is also possible for a person to apply to remain in the UK if removing them would be in breach of their rights laid down in the 1950European Convention on Human Rights (ECHR).The ECHR contains a number of ‘Articles’ of protected rights. Most human rights claims are based on Article 3 (prohibition on torture and inhuman or degrading treatment) or Article 8 (right to respect for family life and private life). A human rights claim can be part of an asylum claim under the Refugee Convention, or it can stand alone.
The United Kingdom is also a party to the European Union Asylum Qualification Directive. This has been adopted by EU member states as part of the process of establishing a Common European Asylum System. All asylum or human rights claims must be considered in light of the provisions of the Qualification Directive.
Decisions on asylum and human rights claims made in the United Kingdom are made by the Home Office. Individuals should apply for asylum as soon as reasonably possible. This can be at the airport or seaport where you arrive. If you apply after you have arrived in the UK, you have to apply to the Asylum Screening Unit in Croydon. If an asylum application is not made as soon as an asylum seeker enters the UK, the person may be denied welfare support and accommodation. The delay may also harm their claim at a later date.
Either on the same day you apply for asylum or soon after, you will have a ‘screening interview’ where UK Visas and Immigration will ask about your personal details and how you arrived in the UK. Your fingerprints and photograph will be taken and you will be given an Application Registration Card (ARC) which proves that you have applied for asylum. UK Visas and Immigration will then decide how to deal with your claim.
At the interview you will need to show UK Visas and Immigration a valid passport or another form of identification (ID). If you do not have acceptable identification, it is important to get advice from your solicitor straight away.
After the screening interview, you will need to go to a longer interview to explain why you are applying for asylum. This is when you get an opportunity to describe to the case owner what has happened to you and what it is you fear in your own country.
You should give as much information about your claim as you can, including any medical or experts’ reports if available. The interview is important, as UK Visas and Immigration will use the information you give to make their decision about your claim. The information in your screening interview may be compared against what you say in the asylum interview. You can ask for the interview to be recorded.
You can be detained at any stage of your claim. UK Visas and Immigration must give you their reasons for detaining you. If you are detained, you should immediately contact your solicitor and ask about applying to be released. Instead of being detained, you may be tagged (this means your movements are tracked electronically) or asked to visit a reporting centre regularly.
It is important that you tell UK Visas and Immigration where they can contact you at all times, and that you also tell your solicitor.
Most asylum seekers have a right of appeal to the First-Tier Tribunal if their claim is refused. An independent Immigration Judge, who is not employed by the Home Office, hears the appeal. The deadlines for making an appeal application after a refusal decision are very short.
If your claim is refused, you should immediately ask for advice about appealing against the decision, as there are very strict time limits for appeals. You are allowed to remain in the UK whilst your appeal is pending. However, some applicants do not automatically have a right to an appeal inside the UK, for example if they come from the countries that are presumed by the Home Office to produce clearly unfounded asylum claims, or if they have already claimed asylum in a safe third country. In some cases you can only appeal from outside the UK. Our specialist Asylum Solicitors will be able to assist you.
Discretionary Leave to Remain
If you don’t qualify as refugee and also for humanitarian protection then you can apply for Discretionary leave to remain. Remember that this category of leave to remain is granted only in limited circumstances, which our solicitors will guide you through.
Our experts Asylum Solicitors have extensive experience and knowledge in dealing with asylum claims. Our diverse team of Solicitors and Immigration lawyers can speak in various languages apart from English. We have also access to a large network of translators and therefore, we can accommodate nearly all dialects and languages. We offer matchless legal advice and service in a language that you feel most comfortable in talking so that you are fully aware of the entire asylum seeking process.
Our Asylum Solicitors can give you advice on how strong your case is and help you to make an appointment to make a claim for asylum. We can help you write a formal statement and provide you any further information you might need to explain with regards to your claim, such as a medical report or a report from an expert about circumstances in your home country. Furthermore, we can prepare your case and represent you if you appeal and give you advice about the asylum appeal process.
For more information, please contact us our dedicated Asylum Solicitors | immigration team on 02031918080