The reason for an individual leaving their country to seek Asylum should be the fear of persecution, torture, or even death and this can be on account of one or more of the following reasons: race, religion, nationality, membership of particular social group or political opinion.
You must be within the UK to claim asylum and show that you are not willing or unable to return by demonstrating a well-founded fear of persecution in your home country based on this narrow range of protected characteristics or activities.
It is important to apply for asylum as soon as possible, whether that is soon after arriving in the UK or if circumstances in your home country change while you are here.
A successful application for Asylum gives individuals the right to residence in a country. It also seeks to protect refugees from forced removal through deportation or extradition by the persecuting state.
It is a complex area of law and you may be unsure whether you are eligible to make a claim. Our experts are on hand to consider the strength of your case and will clearly explain the process, guiding you through all stages of your claim including interviews and any appeals.
Our specialist immigration solicitors can help with:
If you want to apply for humanitarian protection, you can start applying at the port of entry where you need to inform the border forces that you are seeking humanitarian protection and that you are afraid of going back to your country.
Several questions will be asked concerning the claims for Asylum in the form of a screening interview which should take place within the same day or five days of the claim.
If an individual wants to claim asylum after entering the UK, they must call the home office to book an appointment for the Screening Interview.
We can represent you at these interviews and help support your application, including advising on any supporting documentation.
Once the applicant’s claim is successful, you will now be free to stay in the UK under humanitarian protection for five years.
If the application is refused, an individual can do the following:
You may be able to appeal to the First-tier Tribunal by completing the form which is usually sent by the Home Office together with the refusal letter. If this is not successful, we can help you apply for permission to appeal at the Upper Tribunal and if needed, to the Court of Appeal and the Supreme Court.
This is where all appeal rights have been exhausted and a new submission with new content is made. The materials included in the fresh claim will be different from what has been considered previously.
If the fresh claim is not accepted by the Home Office, then you may seek an appeal. For further information and advice, please call or email our immigration solicitors.