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The Path to Protection: Claiming Asylum in the UK

24 Sep 2024

To stay in the UK as a refugee, applicants must apply for asylum. The definition of a refugee, as well as what is required to claim asylum will be explored in this article.

All the information in this article is accurate as of the publication date.

Who is a refugee?

A refugee, as defined as by the 1951 United Nations Convention Relating to the Status of Refugees, is:

“A person who owing to a well-founded fear of being persecuted 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 a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

1951 United Nations Convention Relating to the Status of Refugees

To simplify this definition: to be eligible, applicants must have left their home country and be unable to go back because they fear persecution. They are, therefore, seeking refuge in another country and cannot return to their country of origin due to a danger to their life.

Hence, an applicant must demonstrate that they would face inhumane or degrading treatment or punishment if returned to their home country to qualify for asylum. The applicant’s legal advisor can advise them on the likelihood of success for their asylum claim or other permission to stay.

 

Claiming asylum in the UK

Seeking asylum in the UK is a complicated legal process and there are specific criteria that determine who is eligible to apply. To stay in the UK as a refugee, applicants must demonstrate that they cannot safely reside in any part of their home country due to a fear of persecution.

The UK government has specified the categories on which this persecution is based. Therefore, this persecution must be because of:

  • The applicant’s race
  • The applicant’s religion
  • The applicant’s nationality
  • The applicant’s political opinion
  • Anything else that puts the applicant at risk because of the social, cultural, religious or political situation in their home country. For example, their gender, gender identity or sexual orientation.

The applicant must also have failed to get protection from authorities in their own country. This means that the applicant must show that they sought and were denied protection from their home country’s officials.

Applicants should apply for asylum as soon as possible upon arriving in the UK or as soon as they think it would be unsafe to return to their own country.

 

Dependants on an asylum claim

If an applicant claiming asylum wants any dependants to be part of their claim, they must also be brought to the UK. A dependant can include a spouse, civil partner or unmarried partner or children under 18.

If the applicant has their own protection needs then an individual claim for asylum should be made. Otherwise, if the main applicant and the dependant have the same protection needs, the claims can be considered together. This means that if the asylum claim is successful, the dependant will be considered for leave to remain in line with the main applicant.

 

The applicant’s rights and responsibilities while awaiting a decision 

The applicant must remain in the UK over the course of their asylum claim having the opportunity to give full account of their reasons for claiming asylum. Additionally, asylum seekers have the right to legal representation to ensure that their claim is considered fairly and accurately. If the applicant is eligible, they may also be entitled to support and accommodation. For advice and guidance on this, it is best to contact a legal professional.

 

Decision on an asylum claim

The UK asylum system is tightly regulated making it challenging for asylum seekers to provide the evidence required to be granted protection.

The Refugee Council discussed how the Home Office can take months and even years in some cases to make a decision on an asylum case, due to the increasing backlog of cases.

 

Statistics from the Migration Observatory at the University of Oxford found that asylum accounted for 7% of immigration to the UK.

Furthermore, in 2023, the top five most common countries of nationality of applicants applying for asylum from within the UK were Afghanistan, Iran, Pakistan, India and Bangladesh. The profile of asylum applicants changes over time, influenced by shifts in the political and social conditions in their home countries, as well as the potential emergence of conflicts.

Upon being granted asylum, refugees in the UK are usually given five years leave to remain. After this period, they must apply for further leave to remain in the UK. Once granted refugee status, the applicant has the right to work and have access to recourse to public funds.

 

Refusal of asylum application

The Home Office may refuse asylum claims in specific situations. If an applicant’s asylum application is unsuccessful, they may have the right to appeal. There are often strict time limits on when an applicant can file their appeal and your legal representative will be able to assist with this and your legal representation. For advice and guidance on this, it is best to contact a legal professional.

 

How we can help

Our Immigration legal team at Clarendon Park Chambers can provide personalised advice and guidance in relation to your asylum application. If you are interested in making an asylum application or require any further information, we would be happy to discuss this with you (click here). Please contact us for your initial consultation.

For personalised legal guidance on your asylum claim, contact our Immigration legal team today.

 

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