Protection: Asylum, Humanitarian Protection and Discretionary Leave

If you fear torture, death and/or inhuman or degrading treatment or punishment if you were to return to your country of origin, and you are unable or unwilling to get protection from your government, you may be eligible to make a claim for asylum in the UK. Let us see if you could qualify for a grant of leave to remain as a refugee, humanitarian protection or eligible for discretionary leave on human rights or medical grounds..

Applying for Asylum

An asylum application can be made at anytime while you are in the UK, but not from outside. However experience has shown that asylum application made at the earliest possible opportunity can help in the application been granted.

The asylum application can briefly be explained in a number of stages, and we give a brief overview  below. Asylum requires that you demonstrate a well founded fear of persecution in your country based on your:

       ·        
Race

       ·        
Religion

       ·        
Nationality

       ·        
Political opinion

·         Membership of a social group

Protection from the state is either not available or you are unwilling to seek it. You need to be in UK to apply for asylum.

Humanitarian Protection

If the asylum claim is refused by the HO, then you will be
considered for humanitarian protection (HP). It is also sometimes called
international protection.

Whereas asylum deals with past persecution, HP considers
the consequences of being returned i.e. future fears. Grounds for being granted
HP are a real risk of:

·        
Death
or face death penalty after conviction (Article 2 European Convention on Human Rights);

·        
Unlawful
killing by state or non-state agents (Article 2);

·        
Torture
or inhuman or degrading treatment (Article 3);

·        
Indiscriminate
violence due to armed violence

If any of the above apply and there is evidence specific to the
individual, then they may be eligible.

Grant of limited leave for either asylum or HP is 5 years. At the end
you will be eligible for settlement as long as the HO do not consider a
significant change in the situation in your country of origin.

       Screening

All asylum and HP application must be made at the Home Office in Croydon or Liverpool. It will be necessary for the applicant to pre arrange a time to interview.

At the initial interview the asylum seeker will be asked some basic questions, i.e. their names, nationality country of origin whether they travelled to the UK on their own and if they have relatives or friends in the UK etc. They will then be given a brief opportunity to explain why they need asylum.

You will have a digital photograph taken as well finger prints of all 10 digits and given an Application Registration Card (ARC) so that you can access services. It is unlikely you will be permitted to work.

After the interview the asylum seeker is usually given 10 working days to file their case. At ACS Visas we shall work with you in drafting your statement, examine your evidence and highlight strengths and weaknesses and encourage you to obtain third party independent evidence in support of your claim. We shall prepare a detailed representation to support your case.

First Meeting

After the screening interview in most cased the immigration authorities may schedule a first meeting for the asylum seeker and his/her case owner. The case owner will be a representative from the Home Office, and will be responsible for your asylum application through the process.

Asylum/Substantive Interview

This is where the asylum seeker will be able to explain reasons for seeking asylum.  He/She will be heard and examined in detail and the interview can easily take 2 to 3 hours, some times even longer. The HO will have etheir interpreter present if English is not your first language. It is important to attend the asylum interview as failure to do so could result in your application being refused.

It is important that the asylum seeker takes legal advice before the asylum interview, as an expert immigration/asylum advisor will be able to gather evidence in support of the application. Such evidence can be in the form of medical reports, psychiatric reports, evidence of human rights abuse, independent reports and experts in particular fields etc. ACS Visas can assist you with this.

Application outcome

The case owner will try to make a decision regarding application, but it could be a long wait. The reasons for delays can be a number of things including workload and Home Office staff availablity.

Outcome of Application

If the application is granted, that is the end of the matter; the asylum seeker will be granted five years leave to remain. If on the other hand the asylum application is refused, consideration will be given for humanitarian protection; this can also lead to five years leave to remain.

Successful outcome allow family and dependents from the pre-flight time to be reunited with the refugee. The entry clearance requirements are less demanding than other applications.

If the application is refused, then consideration will be given to the individual’s circumstances and if there are any human rights issues. If granted, then the applicant will get discretionary leave of 2 1/2 years leave on the 10 years route.

At the end of these periods they will be eligible for Indefininte Leave to Remain.

Refusal

Protection claims attract a right of appeal.

• At ACS Visas we can manage the appeals and represent you at the Tribunal. We are Your Friend in Migration