Claiming Asylum in the UK
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Definition of a Refugee:
Under the Refugee Convention (Article 1(A)(2) and the 1967 protocol), a refugee is someone with a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion, who is outside their country of origin and unable or unwilling to seek protection there.
Challenges in Seeking Asylum in the UK:
The UK asylum process is complex and challenging, particularly when it comes to providing the necessary evidence for protection. Many initial claims are rejected, with about 40% of asylum appeals being allowed by courts, not the Government (as of June 2019). Therefore, legal assistance is crucial.
Application Process:
To prepare a strong asylum application, a detailed statement of your circumstances is required, supported by evidence such as expert reports. The process includes a screening interview and a substantive interview with the Home Office. Legal support is available to help prepare and accompany you to these interviews.
Duration of Stay:
Asylum seekers can remain in the UK while their application is under consideration. The Home Office usually aims to decide within six months, though it may take longer.
Work and Benefits:
Asylum seekers are generally not permitted to work while their application is pending. However, they may receive housing, financial support, free education for children, and free healthcare through the NHS.
Asylum Seeker vs. Refugee:
Creditor rights and collection methods refer to the various types of methods a creditor may use to collect on debts due to them. These methods include such procedures as judgements, garnishing orders, notices of intention to enforce security, bankruptcy applications and numerous others.
Applying for Asylum in the UK:
If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum in the UK. Proving this “well-founded fear” is essential for a successful claim.
Required Documents:
To apply, you’ll need to provide passports, identification documents (e.g., birth or marriage certificates), proof of residence, and any other documents that support your claim of persecution.
If Asylum is Denied:
You can appeal to the First Tier Tribunal unless your application is certified as clearly unfounded, in which case appeals must be made from outside the UK.
Safe Third Country Rules Post-Dublin
Regulations and Brexit
Overview:
After Brexit, the Dublin III Regulations, which mandated the return of asylum seekers to the first EU country they entered, are no longer in effect for the UK. The new framework governing asylum seekers is intricate and may depend on agreements with countries that are not yet fully established. This has sparked concerns about potential legal challenges, particularly regarding delays in the asylum process and the treatment of vulnerable individuals, including those in detention, victims of torture, individuals with mental health issues, and survivors of trafficking.
Despite leaving the EU, the UK remains committed to its obligations under the 1951 Refugee Convention. The UK government has reaffirmed its dedication to upholding high standards in asylum protection, maintaining its status as a “world leader” in the field even though it is no longer bound by EU asylum regulations.
