Asylum applies to people who are in the UK and are in fear of returning to their country of origin for reasons based on race, religion, nationality, membership of a particular social group or political opinion. Granting ‘asylum’ means giving someone permission to remain in another country due to the risk of persecution in their home country. Those who have received a positive decision can then seek refuge and are called refugees.
The right to claim asylum is in international law and this is part of UK legislation so anyone can make a claim. Those seeking protection are entitled to stay in the UK while awaiting the final decision.
How do I make an application?
It is not legally possible to apply for asylum from outside the UK so you must be in the UK before making a claim. Asylum claims can and should, wherever possible, be made to an immigration officer as soon as an asylum seeker arrives in the UK. Once a person has passed through immigration control and is inside the UK, they must claim asylum at the offices of the UK Border Agency in Croydon, South London.
The process of making a claim is complex and it is recommended that you work with a solicitor from the beginning of any application in order to get step-by-step instructions and expert help through every stage of the process. The experienced staff at DPP Law will endeavour to present your asylum claim at its highest to maximise your chances of a successful application.
If an asylum claim is refused, most people will have a right to appeal to the First Tier Tribunal. However, some applicants do not automatically have a right to an appeal inside the UK – for example, if your claim is clearly unfounded or if you have already claimed asylum in a safe third country. In this situation, you are only allowed to appeal once you have left the UK.
If you have been given a right to appeal your asylum decision then an independent Immigration Judge will hear your claim along with the Home Office’s reasons for refusing the claim and will make a decision based on the evidence presented to the court. This can often be a complex and emotionally draining experience, therefore we always recommend that you are legally represented to ensure your case is presented properly and professionally.
Do I need a solicitor?
We would always recommend that you instruct a member of our team to represent you in your asylum claim and your asylum appeal in the UK. Our team provides legal representation and advice to asylum seekers and provides the highest quality advice. All the members of the team have extensive experience in asylum and immigration law and we always endeavour to win your case or your appeal.