Overview of the Asylum Applications
An asylum application may be appropriate for a person who is unable to return to their country because they have a well-founded fear of persecution and require international protection. Asylum claims are considered under the UK Immigration Rules and the Refugee Convention.
Making an asylum claim is a serious legal process. The Home Office will consider the reasons why an applicant cannot return, the evidence available, their personal circumstances and the conditions in their country of origin.
At SWM Solicitors, we provide asylum application advice to individuals seeking protection in the UK. Our immigration solicitors can help you understand the asylum process, prepare your evidence and present your claim clearly.
Who Can Apply for Asylum?
A person may seek asylum in the UK if they are unable to return to their country because they fear persecution for reasons recognised under the Refugee Convention.
The circumstances of each claim are different. A claim may involve persecution connected to matters such as:
- Race
- Religion
- Nationality
- Political opinion
- Membership of a particular social group
The reasons for the fear of persecution must be considered together with the individual’s personal circumstances and the situation in their country.
Making an Asylum Claim
Asylum claims are normally made in the UK or at the UK border.
The Home Office will assess the claim and may require the applicant to attend interviews to explain their circumstances.
It is important that the information provided is accurate and consistent. Applicants should explain the reasons they cannot return to their country and provide any available evidence supporting their account.
The Asylum Interview
The asylum interview is an important part of the decision-making process.
Applicants may be asked detailed questions about:
- Their personal background
- Their family circumstances
- Events that caused them to leave
- The reasons they fear returning
- Their political, religious or social activities
- Previous problems with authorities or other individuals
- Their journey to the UK
- Any supporting evidence
The information provided during the interview may be considered alongside the initial application and other available evidence.
Evidence Supporting an Asylum Claim
Evidence can be important when establishing the circumstances of an asylum claim.
Depending on the case, evidence may include:
- Identity documents
- Medical evidence
- Police or court documents
- Photographs
- Messages or correspondence
- Evidence of political, religious or community activities
- Witness statements
- Evidence concerning family circumstances
- Country information
Not every applicant will have documentary evidence. A lack of documents does not automatically mean that an asylum claim cannot succeed, but the applicant should explain why evidence is unavailable where relevant.
Country Conditions
The situation in the applicant’s country can be an important part of the assessment.
The Home Office may consider information about political conditions, conflict, security, human rights and the treatment of particular groups.
However, a general problem within a country does not necessarily establish an individual entitlement to asylum. The applicant’s personal circumstances and the specific risk they face must also be considered.
Credibility and Consistency
Credibility can be an important issue in an asylum application.
Differences between accounts, unexplained delays, missing evidence or inconsistencies may be considered when the Home Office assesses a claim.
This does not mean that every discrepancy will automatically result in refusal. The circumstances surrounding any inconsistency should be explained where possible.
Asylum and Human Rights
An asylum claim may also involve other human rights issues.
For example, an applicant may have family or private life in the UK that is relevant to their immigration position. The Immigration Rules provide for consideration of Article 8 family and private life issues in appropriate cases.
The protection and human rights aspects of a case should be considered carefully because different legal requirements may apply.
If Your Asylum Claim Is Refused
An asylum claim can be refused for different reasons.
Depending on the decision and the circumstances, there may be a right of appeal. The refusal decision should be reviewed carefully to understand the reasons for refusal and whether an appeal or another legal option is available.
Where an appeal is no longer available, new evidence may sometimes be considered through further submissions, subject to the relevant requirements.
How We Can Help
SWM Solicitors can advise and assist with asylum applications, including:
- Assessing your circumstances
- Explaining the asylum process
- Preparing your statement
- Reviewing supporting evidence
- Preparing for the asylum interview
- Considering country information
- Advising on human rights issues
- Advising following an asylum refusal
- Considering appeal or further submission options where appropriate
Asylum cases can involve highly personal and complex circumstances. Obtaining legal advice can help ensure that the relevant facts and evidence are properly presented.