Intricacies of Asylum claims in the UK

Around the world, many people have fled their homes to avoid persecution. Many of these immigrants have applied for protection and asylum from the UK Government and have been granted with a refugee status upon a successful claim of an Asylum.

Persecution

The asylum cases are based on persecution and exclusion. A person may face persecution from different sources, it may include Governments and State or State bodies such as the Army or the Police. A person may have a fear of persecution by non-state actors. Non-state actors are people who are not related to Government. Examples of non-state actors may include, political, religious and racially intolerant groups.

The obligations of an asylum seeker

The asylum seeker is under an obligation or duty to disclose to the Secretary of State as soon as possible

  • All material factors required to validate the claim
  • It may include a statement of the reason for making such a claim, and
  • All documentation which may disclose or provide information about his age, background, identity, nationality, country and place of the previous residence, previous asylum applications, travelling history and other travel documents
  • The burden to provide the evidence and explanations are on the Asylum-Seeker

Refugee Status

Upon a successful claim, the asylum seeker will be granted with refugee status, which is normally a 5 years’ leave to remain in the UK. A refugee is free to take up any work, and he may also be able to claim some public benefits.

Settlement

After five years a refugee is entitled to apply for settlement, however, however, he has to fulfil the strict criteria for Settlement.

Curtailment of Status

A refugee’s status is subject to review, which may result in curtailment of status, cancellation or revocation as well. The Secretary of State has the power to withdraw refugee status from a person on the fulfilment of certain criteria. The Secretary of State also holds power to cancel the refugee status where it is acquired through false documentation, misrepresentation and where such an asylum seeker is a threat to national security.

Appeals

Appeals in the case of Asylum are dependent on the outcome of the case. A person whose Asylum case has been refused outright will have no rights of appeal but in certain circumstances, an appeal can be made to the First-Tier Tribunal.

Fresh Application

In the very limited circumstance, the asylum seeker whose application has been refused is allowed to make a fresh application. It is only allowed where there is significant new material or facts have arisen and the new material must not already be considered in a previous application and taking together the previous application, new facts the asylum seeker must have a realistic prospect of success

Initial Procedure

Anybody in the UK can apply for asylum, irrespective of his/her immigration status. Currently, the Home Office aims to decide a claim within the 1-month time frame.

The person seeking asylum have to call the Home Office and book an appointment for an initial screening interview. A solicitor can be present at the first interview. In the screening interview, the asylum seeker’s identity and nationality will be established and he may have to answer a few questions in regard to his claim. His fingerprints and photographs are also taken at this stage.

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, It does not constitute legal advice and cannot be relied upon as such. For further advice and guidance please contact our experienced Immigration lawyers for an initial consultation instantly through any device from anywhere in the world.

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