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Asylum Refusal UK

When the UK Home Office refuses an asylum seeker application, it can be incredibly stressful. There are still options available. This guide covers your rights and how to file appeals. It also offers expert guidance from experienced immigration lawyers.

If your asylum application has been denied, rather than facing this alone. Partnering with the expert law firm Immigration Advice Service can help transform what seems like the end into a new beginning. Contact us at +44 (0)333 305 9375 or message us online.

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    An Overview Of The UK Immigration And Asylum System

    The UK offers asylum to eligible non-citizens who cannot live safely in their country. It primarily helps those who face persecution or conflict. Or have suffered human rights violations.

    The asylum system in the UK can be complicated, but despite this, there were 75,340 asylum claims in 2023, mainly from war torn countries like Afghanistan and Syria.

    Once an asylum seeker is granted refugee status in the UK, they are given humanitarian protection under the Refugee Convention. They are offered asylum support and rights, such as the ability to legally work and access the UK’s healthcare system (NHS).

    In this article, we aim to help you understand the system, including the eligibility criteria and process for applying for asylum, and the process if you have been refused asylum.

    Here are some key terms to understand:

    • Immigration: Entering and residing in the UK for a specific purpose and duration
    • Asylum: Seeking refuge from persecution on grounds like race, religion, or political opinion.
    • Visa: An official document authorizing entry and stay for a specific purpose and period
    • Refugee: A person granted asylum after fleeing persecution in their home country
    • Home Office: The government department handling immigration and asylum
    • Persecution: A serious threat to life, freedom, (e.g., physical harm, torture, imprisonment).
    • Asylum Application: A document outlining your reasons for claiming asylum.
    • An Appeal: The process of challenging an asylum refusal decision.

    In the upcoming sections, we’ll delve deeper into specific aspects, including:

    • The application processes of seeking asylum in the UK.
    • Eligibility criteria for immigration and asylum applications.
    • How to appeal an asylum refusal and potential outcomes.
    • Resources available to support applicants.

    The UK’s immigration and asylum system can be complex to understand and navigate. Seeking advice and guidance from an immigration law firm like IAS is always recommended. Contact us at +44 (0)333 305 9375 or message us online to discuss your situation.

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    Asylum Seeker Process In The UK

    Overview

    In order to seek asylum in the United Kingdom it is essential to have an understanding of the application procedure and your entitlements as an asylum seeker. It can significantly affect the likelihood of your application being approved.

    Firstly, it is vital that you are able to clearly demonstrate to the UK government that you had to leave your country due to lack of protection by the own authorities.

    If you were to return, it could result in persecution based on:

    • Your Race
    • Your Religion
    • Your Nationality
    • Your Political opinion
    • Even a membership of a social group like LGBTQ+

    In addition, you must be able to show that returning to your home country would put you at serious risk of harm. Such as, facing violence from the authorities or non-state actors such as rebel groups or criminal organizations because of who you are or what you believe.

    Application Process

    The process of applying for asylum involves several steps. First and foremost, you must contact the Home Office as soon as possible after arriving in the UK. Upon contacting them, they will provide an application form that needs to be filled out accurately and truthfully.

    If you provide incorrect or incomplete information, it could result in you and your family members being refused asylum seekers. You may then be returned back to your home countries.

    Step 1: Upon Arriving in the UK:

    Immediately upon entering the UK, you must inform officials of your intention to claim asylum. You can do this at the airport, port, or train station.

    Step 2: Initial Interview:

    You will then be required to attend an initial interview where you will provide basic information about yourself and your family members and your claim for asylum.

    Step 3: Screening Interview:

    You will then be required to attend a second interview, this one is a more detailed interview where the UK authorities will assess whether your claim meets the initial criteria.

    They will then decide if they are going to consider it further.

    Step 4: Asylum Application:

    If your claim passes the interview and screening stages, you will need to submit a formal asylum application along with any supporting documents. These may include your identification papers and other evidence that could support your asylum claim.

    Step 5: Wait For A Decision:

    Following this interview, and after submitting an application for asylum, the Home Office will assess your asylum claim based on the latest immigration rules.

    Expect to receive a decision within 6 months. It could take longer if your case is more complex.

    If granted asylum status, various rights and protections become available to help rebuild your life safely within the United Kingdom. These include:

    • Permission to work in the UK
    • Access healthcare services (NHS)
    • Enroll your children into schools
    • Financial support, like housing assistance.

    In addition, dependent children, pregnant women, and families may qualify for family reunion visa applications so they can live with you here in the UK.

    Step 5: Appeal A Refusal:

    If your asylum claim has been refused, you have the right to appeal the decision. This must be done within 14 days of receiving your refusal letter.

    Obtaining legal advice early on can help to ensure you prepare properly for interviews and your application is submitted on time. Feel free to reach out to an expert law firm like IAS who specializes in immigration matters. Contact us at +44 (0)333 305 9375 or message us online.

    What Happens After You Have Applied For Asylum?

    After submitting an application for asylum, the Home Office will evaluate many factors before granting you refugee status. They will thoroughly review your application and look at the concerns of persecution that you and your family may have.

    They’ll assess any supporting documents and the evidence you have provided to support your asylum claims. If a decision is made to return you to your home country, they will take into account whether your personal safety would be at risk before making that decision.

    In some cases, they maylake at relocating you to a region within your home country where you are less likely to encounter difficulties.

    After reviewing the information and conducting the interviews, the Home Office can reach three possible conclusions regarding an asylum application. The include:

    • You Are Granted Asylum: Recognized as a refugee and receive full protection.
    • Asylum Refusal: You face deportation unless you start an asylum appeal.
    • Leave to Remain Status: Offers temporary permission to stay in the UK.

    In terms of processing an application for asylum, it can take several months, and in some cases it can take years. Understandably, this can cause significant strain on the applicant.

    If refused asylum, it does not mean the end.

    You have the right to appeal within 14 days. It requires careful preparation, and you will need to provide any additional evidence you have to help your case.

    If you are refused refugee status in the UK, it is advisable to seek legal advice from lawyers like the Immigration Advice Service, they can help you prepare stronger asylum appeals. Contact IAS at +44 (0)333 305 9375 to discuss any legal issues you might have.

    Appealing An Home Office Asylum Refusal

    If your asylum application is refused by the Home Office, you do have the right to appeal this decision, again, it must be done within 14 days after the refusal.

    Appealing allows you to present your case again, highlighting any errors in your initial application. Or provide new evidence that strengthens your case.

    You can appeal a Home Office asylum refusal on various grounds, including:

    • Mistakes made during the initial assessment, such as missing evidence.
    • Providing new evidence that was unavailable during the initial application.
    • Inadequate consideration of your circumstances that justifies asylum.
    • If the situation in your home country has deteriorated since your application, you can present updated evidence of your risk of persecution.

    To appeal your asylum refusal, you must first file an appeal form (IAFT-5) within 14 days of receiving the letter of refusal. This is a crucial deadline, so seek legal advice to ensure timely submission. Your application should clearly state the grounds for your appeal and outline the additional evidence you wish to present.

    When appealing, you have 28 days from filing the appeal form to submit supporting any new documents. The First-tier Tribunal, which handles your appeal, will then schedule a hearing. The timeframe for the hearing can vary, be prepared for a wait of several months.

    Here are some potential challenges that you may face:

    • Legal complexities: Understanding legal grounds and procedures can be overwhelming. Seeking professional legal advice is highly recommended.
    • Gathering evidence: Obtaining new evidence to support your case can be difficult. Legal counsel can help identify and acquire vital documents or witness testimonies.
    • Emotional strain: The uncertainty and pressure during the appeal process can be emotionally taxing. Accessing mental health support and connecting with community resources can provide much-needed comfort and stability.

    Remember, appealing a Home Office asylum refusal is a big step, and seeking professional legal guidance is crucial to maximizing your chances of success.

    Additional resources like the Refugee Council and Immigration Law Practitioners’ Association can offer valuable support to help you with an appeal.

    Your application for asylum refusal UK may be assisted by our immigration specialists. We are also here to help you. Contact Us

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      How To Properly Prepare An Appeal

      Appealing the decision for asylum refusal from the UK Home Office offers people from all over the globe a crucial opportunity to fight to legally stay in the UK.

      To maximize your chances of successful application, you need to prepare a thorough appeal. This includes gathering strong evidence which can be the backbone of the appeal.

      Here are some crucial points to consider:

      Identify Relevant Documentation:

      Gather the original documents, along with any new evidence supporting your appeal grounds. This could include witness statements, medical reports, journalistic articles, or country reports highlighting the current situation in your home country.

      Seek Expert Help:

      Legal professionals can advise on the type and format of evidence needed for specific appeal grounds. They can also help acquire legal documents or arrange witness testimonies, particularly if you’re facing difficulties contacting individuals overseas.

      Be Organized and Consistent:

      Clearly organizing your evidence in a well-organized manner can help the authorities have a better understanding of your asylum case.

      Gathering evidence for an appeal isn’t always easy. There are several challenges that you may face. Such as:

      • If you’re outside the UK, obtaining original documents or reports from your country can sometimes be difficult to obtain.
      • Finding reliable witnesses willing to testify on your behalf, especially if they remain in your home country, can be daunting.
      • Legal fees and document acquisition costs can pose a burden. Non-profit organizations like the Refugee Council or legal aid services can offer financial assistance and support.

      Post-Refusal Options

      Beyond appealing, other options are available after receiving a Home Office refusal. You may be eligible for alternative statuses like humanitarian protection or private life rights, offering temporary or permanent residency in the UK based on specific criteria.

      After addressing the shortcomings in the application refusal, you can resubmit a new asylum application with stronger evidence. However, seeking legal counsel to ensure a more robust application is crucial. This is where IAS can help you with that.

      In rare cases, if you believe the Home Office made a legal error during your initial assessment, you can consider applying for a judicial review challenging their decision.

      Time is of the essence when pursuing post-refusal options:

      • You have 14 days from receiving the refusal letter to file your appeal form.
      • Deadlines vary depending on the specific status you’re seeking.
      • There’s no specific deadline for re-applying, but it’s advisable to do so within a reasonable timeframe after addressing the previous refusal grounds.

      How London Immigration Lawyers Can Help

      Acquiring the help and legal advice from an immigration lawyer can greatly enhance your chances of being granted asylum in the UK.

      Yes, there may be costs involved but London immigration lawyers have specialized knowledge of complex UK asylum laws. They have many  years of experience handling refugee protection claims and stay current on any legal changes, so they can build strong asylum cases.

      Our London Immigration Lawyers can:

      • Thoroughly assess refused decisions to spot potential appeal grounds.
      • Use their resources to obtain documents and testimony to corroborate asylum accounts.
      • Help to construct robust legal arguments to convince courts to overturn refusals.
      • Navigating strict deadlines and frequently changing rules make asylum procedures complex to navigate alone. Lawyers Understand compliance.
      • Help you explore alternative paths to safety through fresh claims or non-asylum based applications before your rights expire.
      • Help to connect you to third-party funding sources or pro-bono partners to ease financial strains during prolonged application processes.

      At the Immigration Advice Service, our exceptional immigration lawyers leverage legal knowledge and practical expertise to vigorously challenge asylum refusals. Contact us at +44 (0)333 305 9375 to explore how we can support your protection claim.

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                Frequently Asked Questions

                The number of failed asylum seekers deported from the UK varies each year. In 2023, approximately 3,730 people had been removed from the United Kingdom, this figure is down from 7,368 deportations for 2020.

                You can check your asylum case status online through the Home Office’s “UK Visa and Immigration” website. You will need your application reference number to access this information.

                When the Home Office grants refugee or humanitarian protection status following a successful asylum application, individuals gain legal permission to stay in the UK for at least five years and may have access to public funds and services.

                The waiting time for an initial asylum interview can vary but typically ranges from a few weeks to several months after submitting an application. Delays may occur depending on caseloads and individual circumstances.

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