Under current international legislation, asylum is a right that anyone can claim if they at risk of persecution in their own country. It is the right to live in a country other than their homeland in order to avoid that persecution. The UK abides by international law in offering asylum to anyone who has a genuine reason to fear that they might come to harm in their own country for reasons of their beliefs, their politics or their affiliations and allegiances.
Someone who has asked for asylum is called an asylum seeker, while those who have been granted asylum are known as refugees.
Asylum law is highly complex, so if you are seeking asylum in the UK it is important that you consult a competent and experienced solicitor who will help you with the process.
At Khan McKenzie Solicitors, we have a broad experience of immigration and asylum law, and can help you from the initial enquiry through to completion of the process.
The criteria by which it is possible to claim asylum are set out by the European Union Asylum Qualification Directive; the Geneva Convention 1951 and the European Convention on Human Rights 1950.
Broadly, there is a case for asylum if the person involved can show that they have a well-founded fear of persecution due to race, religion, nationality, ethnicity, political opinion or membership of a particular and identifiable social group.
There is also a possible case for asylum if removing them from the UK would be in breach of their human rights as defined by the 1950 Act: European Convention on Human Rights.
It’s important when considering making a claim for asylum that it is forward looking, so the fact that a person has been persecuted in the past is not relevant unless it can also be shown that they risk facing the same persecution in the future. Having been a victim is not enough to warrant asylum.
The process of applying for asylum should start as soon as possible after arrival in the UK. Ideally, this will be with an immigration officer at the point of entry to the country. It is important to remember that you cannot apply for asylum in advance; you cannot begin the application until you are within the UK.
There is a lengthy and complex set of steps set up with and by the UK Border Agency which every applicant will have to go through, and throughout the process it will help greatly if a suitable advocate or solicitor is on hand to assist.
In the event that an initial application for asylum is turned down, the asylum seeker has a right of appeal to the First Tier Tribunal. While they wait for this appeal they have a right to remain within the UK. While the goal is to hear all these appeals within two months this is not a firm time frame, with some appeals taking longer and many taking much less time.
Many asylum claims fail due to the asylum-seeker having little or no legal representation, so it is important that you find representation as early as possible. Remember, while it is not possible to apply for asylum until you are within the UK, you can seek advice and representation before that time if you intend to claim asylum.
Khan McKenzie Solicitors has offices in Birmingham and Wolverhampton, and we have a dedicated and experienced staff on hand to help with your application should you or someone close to you be considering this course of action.
- Claiming Asylum in the UK
- Asylum screening unit
- Asylum support
- Settlement: refugee or humanitarian protection
- Appeal an asylum support decision
- Appeal against Asylum Decision
- Citizenship and living in the UK
Unfortunately, Legal Aid is no more available for the full range of the Asylum services and we are aware of the difficulties clients are facing in arranging the financial resources for Asylum. Keeping in view the financial difficulties of clients, we have tailored very reasonable and affordable costs structure for our Asylum clients. If you would like to discuss any matter related to Asylum, please contact us through phone +44(121)794 2000 or alternatively make an online enquiry and we will respond at the earliest opportunity. We are very flexible in arranging appointments and offer highly friendly and personalised service with very competitive costs.