UK Asylum and Human Rights Applications

 

Asylum

 

Those that fear persecution in their countries of origin can seek protection in another country. Article 14 of the Universal Declaration of Human Rights states that "Everyone has the right to seek and to enjoy in other countries asylum from persecution." The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guide national legislation concerning asylum.

Under these agreements, a refugee is a person who is outside their own country's territory (or place of habitual residence if stateless) owing to fear of persecution on Convention grounds. Convention grounds include race, nationality, religion, political opinions and membership and/or participation in any particular social group or social activities.

The UK is one of the signatories to the Refugee Convention and accepts those that enter its territory to seek protection.

Also, those that do not qualify for asylum, but have humanitarian or other reasons why they should be allow to remain in the UK, may be granted temporary permission to stay here.

 

The process of claiming asylum in the UK is complex. It is important that you apply for asylum as soon as possible as this may affect the decision on your claim. You are also advised to seek legal advice as soon as possible. The following is the summary of the process:

1.       Claim asylum with the UK Border Agency (UKBA) at the port of entry or UKBA in Croydon. 
 

2.       UKBA assesses your asylum claim after an interview process.
 

3.       UKBA makes a decision on your asylum claim:
    If YES: you are granted refugee status and are given five years leave to remain in the UK. 
    If NO: you may be able to appeal the decision. If you do not appeal, you are asked to prepare to leave the UK

 

Human Rights

 

The UK is a signatory to the European Convention on Human Rights, which prevents it from returning any foreign national to a country where there is a real risk that they will be exposed to torture or inhuman or degrading treatment, or punishment.

As such, Human Rights applications can be submitted where someone is arguing that removing them would result in the UK breaching its obligation under the ECHR. Cases where the foreign national’s health or has strong family ties in the UK would fall in this category.

 

The Services We Offer

As a niche firm specialised exclusively in asylum and immigration matters, we provide advice on making asylum or human rights applications to the UK Home Office. We also assist in drafting, preparation and representation of the appeals, if the application is refused. As this is a complex area of immigration process in the UK, we strongly advise you to seek legal advice as early as possible.