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Highlights

Failed Asylum-Seekers

May 18, 2018 888

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 is a qualified and experienced lawyer.

It is unfortunate to have your asylum claim refused, but it is encouraging to know that the rate of success for asylum appeals is relatively high (about 40%), and higher than the rate of success for asylum applications to the Home Office (about 25%).

An appeal hearing is a more thorough process than an asylum claim. You can call live witnesses, including expert witnesses (country experts or medical experts), and you can have your case represented in a professional way by your lawyer.

If your case is ultimately unsuccessful, or you decide not to appeal, there is the possibility of presenting a “fresh claim”. A fresh claim is an asylum claim that is substantially different from the previous one. It could be, for example, that there is significant new evidence about your case, or the basis of your case may have substantially changed. If the claim is accepted by the Home Office to be a fresh claim then it will be treated as a new asylum claim, and if it should be refused there would again be the right of appeal.

There may in some cases be other possible routes to remain in the UK if your asylum claim does not succeed, but this depends very much on your family situation and your immigration history.

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It is always best to consult a competent lawyer if you wish to claim asylum or if your claim has been refused.

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