Overview of the Protection Claims
A protection claim is a claim for international protection made by a person who may be unable to return to their country because of the risk they face.
Protection claims can involve asylum and humanitarian protection. The Home Office considers whether the individual meets the relevant legal requirements and whether they can safely return to their country of origin.
At SWM Solicitors, we advise on protection claims and can help individuals understand the legal basis of their claim, prepare supporting evidence and respond to decisions.
What Is a Protection Claim?
Under the current Home Office guidance, a protection claim includes a claim for asylum and/or humanitarian protection.
The type of protection available depends on the circumstances.
A person may seek asylum where they fear persecution for a Convention reason. Humanitarian protection may apply where the person does not qualify as a refugee but faces a real risk of serious harm if returned.
Asylum and Refugee Status
An asylum claim is generally based on a fear of persecution in the applicant’s country of origin.
The reasons for the fear must fall within the relevant refugee framework.
The Home Office will consider the individual’s circumstances, evidence and the conditions in the country to which they may be returned.
Humanitarian Protection
Humanitarian protection may apply where an applicant is not a refugee but there are substantial grounds for believing that they would face a real risk of serious harm on return and cannot obtain protection from their country.
Serious harm can include death, execution, torture or inhuman or degrading treatment, as well as certain serious and individual threats arising from indiscriminate violence in armed conflict.
Assessing the Risk on Return
A protection claim requires consideration of the risk the individual would face if returned.
Relevant factors may include:
- The applicant’s personal circumstances
- Their country of origin
- Their ethnicity or nationality
- Religion
- Political activities
- Membership of a particular social group
- Previous experiences of persecution or serious harm
- Threats from individuals or organisations
- Availability of protection from authorities
- Conditions in the proposed area of return
The assessment depends on the evidence and the specific circumstances.
Evidence Supporting Protection Claims
Evidence can help establish the circumstances of a protection claim.
This may include:
- Identity documents
- Medical evidence
- Police reports
- Court documents
- Photographs
- Messages
- Social media evidence
- Witness statements
- Evidence of political or religious activity
- Evidence of previous threats or harm
- Country information
Not all applicants will have documentary evidence. Where evidence is unavailable, the circumstances should be explained.
Credibility
Credibility can be an important part of a protection claim.
The Home Office may consider whether the applicant’s account is consistent with their statements, interview evidence and other available information.
Any differences or gaps should be addressed where possible, particularly where they arise because of trauma, interpretation difficulties, misunderstanding or other relevant circumstances.
Protection Claims and Human Rights
Protection claims can also involve human rights issues.
For example, an applicant may have a family or private life in the UK that is relevant to their immigration position.
Current Immigration Rules and Home Office guidance provide for Article 8 family and private life considerations in appropriate asylum and humanitarian protection cases.
The protection and human rights aspects should be considered separately where the legal requirements differ.
Protection Claims and Further Submissions
Where a previous protection claim has been refused or withdrawn and appeal rights have been exhausted, new evidence may potentially be presented through further submissions.
The current rules contain specific validity requirements and generally require protection-based further submissions to be made in person at a Service and Support Centre, subject to specified exceptions.
Whether new material amounts to a fresh claim depends on the applicable legal test.
If a Protection Claim Is Refused
A protection claim may be refused if the Home Office is not satisfied that the applicant meets the relevant requirements.
Depending on the decision, the applicant may have a right of appeal.
A refusal should be reviewed carefully to identify:
- The reasons for refusal
- Any credibility findings
- How the evidence was assessed
- The country information relied upon
- Whether the legal test was correctly applied
- Whether an appeal or further submission may be appropriate
How We Can Help
SWM Solicitors can advise on protection claims involving:
- Asylum
- Refugee status
- Humanitarian protection
- Risk on return
- Country conditions
- Supporting evidence
- Human rights issues
- Protection claim refusals
- Appeals
- Further submissions
We can review your circumstances and immigration history and advise on the appropriate protection route and evidence required to support your claim.