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Claiming Asylum In UK
What Is Asylum?
An asylum is a place offering protection and safety.
Anyone who faces threat of serious harm in their own country may seek asylum in another country.
An asylum seeker is a person who has left their country of origin and formally applied for asylum in another country but whose application has not yet been concluded.
Definition Of Asylum
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee.
Article I provides that in order to be classed as a refugee, an asylum seeker must show a well-founded fear of persecution due to:
- membership of a particular social group or political opinion
and is unable or, owing to such fear, is unwilling to seek protection of the home country or, in the event of being outside of that country, is unwilling, through fear, to return to it.
Additionally, there exists the right under the 1950 European Convention on Human Rights to make a human rights claim based on :
- Article 3 – (prohibition on torture and inhumane degrading treatment ) or
- Article 8 (right to respect for family and private life).
- claims for asylum in the UK should be made to an immigration officer as soon as practicably possible upon entering.
- an asylum seeker who has passed border control or is already within the UK can only claim asylum at the offices of UK Visas and Immigration located in Croydon, London.
- failure to claim asylum upon the point of entry can have a negative impact upon the application with the possibility of denial of welfare, support and accommodation.
- an Applicant arriving via an EU or other ‘safe country’ may be returned to that country in order to make their asylum application.
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What Is The Application Process?
The Applicant (and any dependants) will initially attend a ‘Screening Interview’. The Home Office will provide an interpreter if needed.
The Applicant’s basic details and reason for claiming asylum will be taken. This is followed by photographs and finger prints. The Applicant will be issued with an Application Registration Card (ARC) card.
Once the screening interview is complete an Applicant will usually be given temporary leave to enter or remain in the UK and will receive housing support.
The Applicant will then be invited to attend a First Reporting Event which will be followed by a substantive asylum interview at which the Applicant will have to justify the claim for asylum.
What Happens Following The Grant Of Asylum?
- is granted Refugee status
- is allowed a period of five years to reside legally within the UK.
- is free to work
- may claim certain financial benefits
- may bring into the UK children under the age of eighteen who are not already here.
- may, at the end of the initial five year period, make an application for Indefinite Leave to Remain in the UK.
What Happens If A Claim For Asylum Is Refused?
- there exists a right to appeal in the Immigration First-Tier Tribunal Courts.
- the Hearing will be before an Immigration Judge.
- if new evidence becomes available, an Applicant may make a ‘Fresh Claim’.
How Can We Help?
Kangs Solicitors has an established specialised Immigration Department, able to assist in all aspects of asylum and immigration at all stages from application preparation to representation at Tribunal and any subsequent Appeal Hearings.
At Kangs Solicitors, our experienced team of immigration lawyers advise and assist clients with immigration status issues in the UK, on a daily basis.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
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Birmingham, B13 9EZ
0121 449 9888
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020 7936 6396
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Manchester, M2 4NH