What To Do If Your Asylum Claim Is Denied
If your asylum claim is denied, you are advised to move quickly if you wish to challenge the decision. Below is a step-by-step plan of what you should do if you receive notice of a refused claim.
- Keep the envelope the letter arrived in and write down the date you received it
- Contact your immigration lawyer (if you have one) as soon as you receive the letter
- Carefully read the refusal letter from the Home Office and identify why it failed
- Think about the reasons why it might have failed and refer to the transcript of your asylum interview to double-check the reasons match with the evidence you provided
- Review all the documents you provided the Home Office
- Check that all areas of your claim were considered (under asylum and refugee grounds)
- Can you provide further evidence in support of your claim?
- Identify whether you can appeal the refusal (not all refusals can be appealed)
- Submit your appeal within 14 days of receiving the refusal letter
It is not essential to work with an immigration lawyer if your asylum claim is refused, but you could benefit from the legal expertise, especially if your case is complex.
Going to immigration court can be difficult if you are not an expert in legal advice. However, it is possible to go through the asylum appeals process without a lawyer.
However, if an immigration judge denies your case, you will need legal advice and representation from a lawyer if it goes to a higher immigration court.
We are experienced in all areas of immigration, including asylum claims and appeals. Speak to us if you need support with your claim.
Appealing A Refused Asylum Claim
To understand how the asylum appeals process works, it is important to understand the different stages of an asylum denial and procedures for immigration appeals. This refusal toolkit page outlines everything you need to know in greater detail.
If the Home Office issues a refusal, the claimant should check whether they have the right to appeal. If there is no right to appeal (the claim is certified), then a judicial review may be submitted.
If there is a positive outcome to the judicial review, then the case may proceed to the First-Tier Tribunal. If there is a negative decision at this stage, the removal process may be started.
However, if the claimant does have the right to appeal, they can then submit an appeal to the First-Tier Tribunal.
Following a positive decision, their status may be granted (but the Home Office can appeal the decision). If there is a negative decision at the Tribunal, there may be recourse to other courts (Upper Tribunal or Other Courts).
If a positive decision comes from the Upper Tribunal or another court, the status may then be granted. If there is a negative decision, this means that the asylum claimant’s appeal rights are exhausted.
At this point, there may be the risk of detention by the Home Office, and the removal process may be started unless a fresh claim can be submitted.
How To Prepare To Appeal A Refusal Decision
If you find that you have grounds to appeal the refusal, you must prepare the evidence to be submitted as soon as possible.
If you have an immigration lawyer, they can advise you on the documents you need to gather.
The Home Office has a number of internal country guidance notes. These documents provide legal guidance about the state of the country and the likelihood of safety for the claimant if they are returned there.
However, political and social changes occur every day and the situation in your country may have changed since the guidance notes were created.
If there have been changes within your country that have a new impact on your claim, you or your lawyer may be able to demonstrate to the Home Office that it is no longer safe for you to be returned there.
Another route to explore is obtaining expert evidence that your case has merit. This expert may be engaged by your lawyer to provide their knowledge as it pertains to your case.
You may be able to submit objective evidence as part of your appeal. If you can access reliable information about your case that bolsters your version of events, this can be important to include with your appeal.
Examples could be human rights groups in your country or news stories from verified sources.
Asylum Appeal Eligibility
In the UK, if your asylum claim is refused by the Home Office, you may be eligible to appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber). However, not all asylum seekers have an automatic right to appeal, and eligibility for an asylum appeal is determined based on several factors.
To be eligible for an asylum appeal, your initial asylum claim must have been refused by the Home Office. If your claim is granted, there is no need for an appeal. In addition to appealing the refusal of your asylum claim, you may be eligible to raise human rights claims. These claims may relate to the risk of torture, inhuman or degrading treatment, or violations of your rights under the European Convention on Human Rights.
The eligibility for an appeal may also depend on the country information and evidence available. If conditions in your country of origin have changed significantly since your asylum claim, you may have grounds for appeal.
Making a Fresh Asylum Claim
It’s highly advisable to seek legal advice and representation from an experienced immigration advisor who specialises in asylum and immigration law, such as Birmingham immigration Lawyers. We can assess your case, review your new evidence, and help you prepare a strong fresh asylum claim.
Making a fresh asylum claim in the UK is a process by which an individual who has previously sought asylum and had their claim refused can submit a new claim based on changed circumstances or new evidence that was not available during their initial claim.
Gather all relevant documents, evidence, and information that support your fresh asylum claim. This may include country information reports, medical reports, witness statements, or any other documentation that substantiates your claim. Complete a fresh asylum claim form, which is typically available from the Home Office or can be obtained with the assistance of your immigration advisor. Provide detailed and accurate information about your case, including your new evidence and changed circumstances. It’s important to act promptly, as there may be time limits for making a fresh claim.
After you’ve submitted your fresh asylum claim, you may be called for an interview with the Home Office. Attend this interview with your immigration advisor. Be prepared to provide additional information and evidence to support your claim.
If You Are Pregnant Or A New Mother
If you are in the final six weeks of pregnancy or have a baby younger than six weeks, international travel is not allowed. If you are financially struggling in these situations, you may be eligible for Section 4 support. To apply, submit your MATB1, birth certificate, or other relevant birth documents.
If you experience complications during pregnancy, you might qualify for earlier Section 4 support. In these instances, present evidence from your midwife/GP or consultant describing the complications.
If the Home Office has stated that it’s currently unsafe to return to your country, you won’t qualify for Section 4 support, as no country is presently deemed to lack a viable return route.
To meet the criteria for appealing to the High Court against a Home Office asylum decision, you must have applied for a judicial review, and the High Court must have granted ‘permission to proceed.’
To qualify based on proving that not receiving Section 4 support would violate your human rights, you must show that leaving the UK is unreasonable and that you need support while in the country.
Support For New Mothers And Children
Maternity grants for denied asylum seekers are given as non-cash additions to the Aspen card. Pregnant women receiving Section 4 support can claim a £250 maternity grant for each baby, making twins eligible for £500. Claims can be submitted from eight weeks before the expected due date until six weeks after birth.
Pregnant women with Section 4 support receive an extra £3 per week. Additionally, denied asylum seekers with Section 4 support get an extra £5 per week for babies under 12 months and £3 per week for children aged 1-3 years. A £5 per week clothing allowance is provided for dependent children under 16 years.
To apply for these extra payments and maternity grants, use the application form “Provision of services or facilities for section 4 service users” at www.gov.uk/asylum-support/how-to-claim. Select the relevant box, provide proof for specific payments (e.g., original birth certificate or MAT B1 certificate for maternity grants), and follow the instructions.
For more details on Section 4 support for pregnant denied asylum-seeking women, refer to https://www.asaproject.org/uploads/Factsheet-8-s4-for-pregnant-refused-asylum-seekers.pdf.
If you’re making a belated claim for maternity grants due to illness or difficulties, submit the request with a statement explaining the reasons for the delay.
Submitting An Appeal
To submit an appeal based on an unsuccessful asylum claim, follow the below steps.
- Send your appeal form and supporting documents to the Tribunal as soon as possible – they must be received within 14 calendar days from the date of your notice letter
- You may post (First-tier Tribunal (Immigration and Asylum Chamber), PO Box 6987, Leicester, LE1 6ZX), fax (0870 739 4053), or send the form online
- If you have been taken to immigration detention, you may request the appeal form IAFT-5(DIA)
- Submit a copy of your Reasons for Refusal Letter and the Notice of Decision document from the Home Office
- Send any additional relevant information, expert opinions, witness statements, and a letter outlining the basis for your appeal against the Home Office decision
- Identify whether you need to pay a fee for the submission of your appeal
You have the option to choose whether your case is heard at an oral hearing or ‘on the papers’ (i.e., without you being present). It is likely a better option to request an oral hearing.
After you have submitted the appeal, you will be notified of the date you should attend the hearing. As the hearings take place in public, you can request a closed one in advance if the reason why you claimed asylum is sensitive.
Transparency in Withdrawing Asylum Claims 2024
The updated paragraph 333C clarifies the circumstances for withdrawing asylum claims and strengthens the process to promptly withdraw applications from non-compliant individuals. It specifies that withdrawn claims won’t be considered, allows flexibility for explicit withdrawals, and places the burden on claimants to keep the Home Office updated with their contact details.
Failure to comply may lead to withdrawal of their asylum claim. These changes aim to focus decision-making resources on genuine asylum claimants in the UK. The changes to the Immigration Rules were implemented in July and August 2023:
- In July 2023, the changes regarding Asylum including the pause of the differentiation policy took effect.
- All remaining changes were enforced on 7 August 2023.
How Can Birmingham Immigration Lawyers Help You?
Our immigration lawyers understand the devastation that can come when your asylum claim is refused. We know the importance of securing your immigration status and living in safety.
We listen closely to your case, understand the relevant facts, and advise you on the best course of action based on your circumstances.
Working with a dedicated immigration lawyer means that you have access to legal experts who understand the UK asylum system and know how to help you submit the strongest possible claim or appeal.
If you are receiving asylum support, we can advise on whether this will continue depending on the outcome of your appeal.
We have a proven track record of working with individuals who have submitted an asylum claim. We want to ensure that you are given every possible legal support with your case with compassion and empathy.
For immediate help and advice with claiming asylum or humanitarian protection, contact us today on 0121 667 6530 or use the online contact form and we will contact you.
Last modified on January 5th, 2024 at 1:40 pm
Comprehensive immigration advice tailored to your circumstances and goals.
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.