April 15, 2018 223
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.
May 18, 2018
If an asylum claim is refused by the Home Office an asylum-seeker becomes a failed asylum-seeker. A failed asylum-seeker should have the right of appeal to the First-Tier Immigration Tribunal and in many cases the right of appeal can be exercised in the UK. An appeal hearing is presided over by an Immigration Judge, who […]
May 11, 2018
Tier 4 General Student Visa This visa is appropriate for a person aged 16 or over who wants to study a degree-level or suitable below degree-level course in the UK. In most cases the course must be full-time. The college or university offering the course must hold a Tier 4 sponsor licence and they must […]
Apr 10, 2018
Some types of immigration application attract the right of appeal if they are refused but others do not. Most working and study visa applications only have the right to administrative review in the event of refusal. But family visa applications, European visa applications, asylum/human rights applications and a few other types have the right of […]
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