ASYLUM, HUMAN RIGHTS AND APPEALS
Anyone in the UK can make an asylum claim, whatever their immigration status
The claim can be made on entry or after entry into the UK
Our specialist Asylum advisors assist you through making an initial application, your first screening interview until your substantial interview
If you do not qualify for asylum due to requirements set out under Article 1 A. of the Refugee Convention below but there are substantial grounds for believing that you would face a real risk of suffering serious harm if returned to your country you may qualify for Humanitarian Protection
People may flee their own countries for many different reasons-social, economic, political or religious. On arrival in the UK or subsequently they may state that they do not wish to return to their country of nationality or habitual residence. An asylum-seeker is a person who flees because of a fear of persecution in his own country and who as a consequence, is seeking protection of the UK Government. Such protection is granted if that person is given the immigration status of a refugee.
Otherwise, on human rights grounds, he may be granted what is known as humanitarian protection or discretionary leave.
The Refugee Convention
The Immigration Rules, Paragrpah 327 defines an applicant for asylum as a person who makes a request to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to the UK’s obligation under that convention for him to be removed from or required to leave the UK, or otherwise make a request for international protection.
“Article 1 A. Of the Refugee Convention: the claimant owing to a well-founded fear of being prosecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having any nationality and being outside the country of his former habitual residence is unable, or owing to such fear, is unwilling to return to it”