April 15, 2018 793
To claim asylum a person must be in the UK. They could be in the UK either on a current visa or in a different way, and they may have just come to the UK or come to the UK some time previously. They may claim asylum on the basis that if they had to return to their home country they would be killed, tortured, mistreated or unfairly imprisoned. There could be different reasons for such feared persecution: for example ethnicity, politics, religion or sexual orientation.
In many (but not all) cases the feared persecution might come from the Government or Government agencies, the police or the courts.
The asylum claim must be made to the Home Office. The Home Office will interview the applicant and make a decision on their claim. If the claim is granted the applicant will become a refugee and they will be given five years leave in this capacity. Eventually they may qualify for indefinite leave to remain (settlement) and ultimately British citizenship.
If the Home Office believes that the applicant does not exactly meet the requirements for refugee status but that their case is nevertheless compelling they may instead be granted Humanitarian Protection, under human rights principles. A grant of Humanitarian Protection works in a similar way to a grant of refugee leave and can similarly lead to settlement and ultimately British citizenship.
However, if the application is refused by the Home Office the applicant will in many cases have an in-country right of appeal to the Immigration Tribunal. The Tribunal has the power to overturn the Home Office’s refusal decision and direct the Home Office to grant leave to the applicant.
Asylum claims are complex and they require a professional approach.
If an applicant is successful in their asylum application and becomes a refugee their close family members (spouse or partner, children under the age of 18) may apply to join them in the UK under the Family Reunion rules. The family member must have been a family member of the applicant before the applicant left the home country.
However, if the applicant acquires British citizenship then the Family Reunion route is no longer possible.
If an applicant’s asylum application has been refused and no appeal is pending there is the possibility that the applicant can submit a “fresh claim”, which is like a new asylum claim.
However, a fresh claim must be significantly different from the previous claim. It might, for example, be based on different facts, facts that have only recently happened or new evidence.
If the Home Office accept that it is a new claim then they will treat it as a new asylum claim, and make a new decision about the fresh claim.
Jun 05, 2019
In some cases, when you apply for an extension visa or for settlement there is a limit on the number of days you are allowed to have spent outside the UK. If you have spent more days outside the UK than is allowed by the limit then your application is likely to be refused. This […]
May 17, 2019
In a case which reached the European Court of Human Rights (ECtHR), the Iranian authorities had attempted to extradite a Georgian man (GS) who was being held in Bulgaria. He had been arrested in Bulgaria on the basis of an Interpol Red Notice. The Iranian authorities wanted him because he had been prosecuted on a […]
May 10, 2019
If you want to apply for a visa as the spouse (wife or husband) or partner of a person who is British or settled or who holds refugee leave, one of the requirements that has to be met is the financial requirement. If you are applying from outside the UK it is in most cases […]
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