Claiming Asylum In The UK: An Overview
As a signatory of the 1951 Refugee Convention, the UK is pledged to offer refuge to individuals fleeing persecution from their home countries. Seeking asylum in the UK ensures safeguarding for legitimate refugee families while maintaining the integrity of the UK’s asylum system.
A primary requirement for asylum applications in the UK is demonstrating that you fear harm. Among the reasons for your fear are the following:
- Discrimination or maltreatment based on an individual’s nationality.
- Threats or harm related to religious beliefs or practices.
- Risks arise from an individual’s nationality or lack of national affiliation.
- Persecution due to specific political views held or expressed.
- Membership in a Specific Social Group is influenced by factors like sexual orientation, gender identity, or other basic characteristics that lead to persecution.
Upon arrival in the UK, an individual wishing to file an asylum claim must immediately notify the authorities. The primary step is an initial screening:
- Primary data like name, age, country of origin, and other personal details are documented.
- A summary of why the person believes they are eligible for refugee status.
Following the initial asylum screening, if the asylum seeker qualifies for refugee status, the individual will undergo a substantive interview, which involves:
- The person must describe their experiences, their reasons for leaving, and why they believe they will not be able to return.
- Photos, documents, or witness accounts can corroborate the asylum claim, even if only occasionally required.
Assessment by the Home Office
Once the substantive interview is completed, the Home Office conducts a comprehensive asylum evaluation:
- The Home Office may evaluate asylum seekers for their credibility, authenticity, and details about their homeland.
- Based on the evidence and dialogues, the Home Office will either:
- Acknowledge the individual as a refugee and provide them the right to reside in the UK permanently or temporarily.
- The claim is denied if the Home Office concludes that the applicant does not meet the criteria or has other secure nations to resort to.
Why You Should Seek Legal Help For Asylum
- Asylum laws and processes can be complex. A legal expert can assist you in understanding the process and confirm that you meet all requirements.
- An attorney can assist with accumulating evidence, weaving a compelling narrative, and ensuring your asylum claim highlights its key elements.
- Asylum and immigration laws change frequently. Legal aid informs you about recent changes and how they could affect your case.
- Asylum claims can be delayed or refused if a minor mistake is made. Legal experts are adept at the process, minimising mistakes.
- A legal aid attorney can advocate for you, submit arguments, and manage legal protocols if your case goes to court.
- Lawyers frequently provide support, guidance, and reassurance during the asylum process, in addition to legal assistance.
Asylum seekers can benefit from a wide range of legal aid services that Birmingham Immigration Lawyers provide. These services include:
- Assisting in the asylum application process and ensuring all necessary documents are submitted.
- In the event of refusal, appealing against the decision with a strong case in favour of the asylum seeker.
- Representing asylum seekers detained during the process and safeguarding their rights.
- Applying for bail on behalf of detained asylum seekers via the SoS application.
- Representing detained asylum seekers during bail hearings in front of the Tribunal.
- Applying for a bail renewal if the initial bail period ends.
- Assisting in submitting new evidence or claims when initial applications didn’t succeed.
- Supporting those in the asylum process to apply for work permission in the UK while awaiting a decision on their claim.
- Offering assistance in the acquisition of essential travel documents.
- Addressing any concerns or complications related to the Biometric Residence Permit (BRP), including lost, stolen, or errors.
- Assisting in the application process for family members looking to join the primary asylum seeker in the UK.
- Appealing against any declined family reunion applications.
- Assisting in gaining permission to appeal decisions, for both the First-tier and Upper Tribunal.
- Preparation of cases and representation of asylum seekers in hearings where a legal error has been identified.
Our team in Birmingham Immigration Lawyers is here to help you every step of the way. Contact us today at 0121 667 6530 for comprehensive legal support specific to your needs.
Last modified on October 27th, 2023 at 7:08 am
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