Claiming asylum in the UK can be a lengthy process that will require you to recall the events leading up to your arrival in the UK. Upon arrival in the UK, if you intend to claim asylum it is highly recommended that you do this immediately as any delays may damage the credibility of your claim.
According to the UK National Statistics, the UK is home to 1% of the 25.9 million refugees worldwide as figures for the covering period of September 2018 to September 2019 show that the UK offered protection to 19,480 people. This at first glance will seem very little however, numbers are up by an incredible 28% from the previous year and are at the highest they have been since 2002.
All claims are processed by the Home Office, when assessing asylum claims the Home Office has strict guidelines that must be followed.
Phone Call to the Home Office
If you do not claim at port, Asylum Seekers must phone the Home Office to register their claim for asylum. During this phone call you will be asked a series of questions that will allow the Home Office to understand the basics of your claim. You will be provided with a date to attend a screening interview.
Screening Interview
You will be invited to the Home Office where they will conduct a screening interview and also take your biometric information. You will also receive an application registration card (ARC). It has now become practice that the ARC is posted up to seven days after the screening interview.
Substantive Interview
The next stage will be known as a substantive interview, also known as an asylum interview. This is where you will be asked a series of questions in relation to the events that took place causing you to leave. The substantive interview can be a very daunting experience. Being asked to recall previous stressful and hurtful events may make you feel anxious, pressured and nervous. especially under scrutiny from the Home Office Interviewing Officer. You will also be asked questions about your journey to the UK and reasons why you cannot return. It is always recommended that you speak to a Solicitor/Immigration Caseworker beforehand so that you can prepare for your interview in the best possible way.
How are decisions made
A person must show the following in accordance with the 1951 Convention;
- The applicant fears persecution
- The fear of persecution is well-founded
- The persecution is because of one of the five reasons mentioned in the Convention
- The applicant would/could not find protection in another part of the Country and
- The applicant would be at risk of future persecution if returned
Additional information will also be considered such as the applicant’s previous behaviour and medical information. The Home Office will make a decision based on all the information that was provided by the applicant.
Decision
If your application is successful, you will receive a decision in writing informing you of the reasons why the Judge decided in your favour. It is vitally important to remember that the Home Office are given a right to appeal such a decision. This means that they have 14 days to appeal the Immigration Judge’s decision. Shortly after the decision an Applicant can expect to to receive his Biometric Residence permit.
If an application is rejected, most decisions will come with a right of appeal. The deadline to submit an appeal is within 14 days of the decision being made. Individuals must remember that upon an asylum application being refused, they will be liable for removal from the United Kingdom and may subsequently be detained.
What if my appeal misses the 14 day deadline?
You should do everything in your power to assure that you meet the 14 day deadline however, in limited circumstances it may be physically unable to meet the deadline. If this is the case then you should submit a late ground with your appeal and provide as much evidence as possibly to satisfy the Court that the delay was out of your control.
I’ve submitted my Appeal, what’s next?
Once your appeal is submitted, the Immigration Tribunal will send you a Notice of Hearing Date. Once a Hearing Date is given, individuals should obtain all necessary documentation that goes to the root foundations of your claims. Such documentations along with other relevant information will be submitted by your Solicitors.
You will attend the Immigration Tribunal to give evidence on your Hearing Date. Individuals often feel extremely nervous at this stage however, with the help of your Solicitors you will be ready to provide evidence and answer any questions that come your way.
Appeal Decision
You will once again receive written notice of your decision. This will be known as a Determination of your Asylum Claim, if it is successful the same situation mentioned above will apply to you. However, if it is unsuccessful then you would need to apply for permission to appeal (PTA).
Further Submissions
Further Submissions are submitted in Liverpool, there are designed for individuals who have already launched an asylum claim, however new evidence has come to light or a change in a person’s circumstance has happened such as the birth of a child or marriage etc. Individuals will have to phone up the Further Submissions Unit in Liverpool and arrange a date and time to submit such new evidence.
If you want to claim asylum in the UK or you want to discuss an existing asylum claim contact one of our experts now.