ASYLUM & HUMANITARIAN PROTECTION

The United Nations 1951 Convention and 1967 Protocol Relating to the Status of Refugees (generally known as ‘the Geneva Convention’) defines who is a refugee. To be granted asylum, or the status of a refugee, you must meet the requirements as set out in Article 1A(2) of the Geneva Convention.

People who have been forced to leave their country or are unable to return to their country due to the fear of political, religious or ethnic persecution or who face a real risk of suffering serious harm for a wide range of other reasons can apply for Asylum or Human protection. In this regard you have to satisfy the Home Office that you have a well-founded fear of persecution in your country for reasons of your race, religion, nationality, membership of a particular social group or political opinion and are unable (or unwilling due to your well-founded fear) to obtain the protection of the authorities in your country, then you will be recognised as a refugee and granted asylum.

Alternatively, if you do not qualify as a refugee then you may qualify for humanitarian protection. To qualify for humanitarian protection, you will need to satisfy the Home Office that there are substantial grounds for believing that if you returned to country, you would face a real risk of serious harm and are unable, or, be owing to such a risk, unwilling to avail yourself of the protection of that country.

This process can seem intimidating, long and tedious but we can help you to navigate its different stages.

Screening interview is the first meeting with the Home Office in Croydon (unless disability prevents you from travel) to lodge your claim. We can assist in arranging this event for you.

Substantive interview generally arranged a couple of months later in which the Home Office wants you to interview in detail about your case. We can assist to strengthen your claim by drafting detailed representations in your favour, taking a witness statement from you and working with you to gather supporting evidence to explain the dangers you face.

Decision follows this interview and if Home Office accept your claim, you will be offered 5 years of leave to remain in the UK after which you may settle. If the claim is refused, you will get right of appeal. We can help get you ready for appeal by preparing all documents for the hearing and representing you on the day itself.

Fresh Claims are made when asylum refused by Home Office but new grounds, evidence or documents come to light that you think the Home Office need to review. It is possible to present these documents to them as further submissions.

This is a challenging area of law and you will need to put forward your case in the strongest light possible to convince the Home Office to let you take it further – in some cases, they will send this matter back to the Tribunal for another appeal which mean we have to take further steps such as instructing experts, getting documents verified or undertaking country research on the risks you are facing.

For expert advice on this immigration law matter and how it applies to your individual circumstances, please contact our team member on 0161 465 1814 or complete our enquiry form and we will contact you.