Asylum & Human Rights

UK Asylum & Human Rights

To qualify for asylum and protection, you must be able to demonstrate that your native country is unwilling or unable to offer you protection from persecution if you return to your country.

As a signatory to the 1951 Refugee Convention, the UK is obligated to consider your asylum application and grant asylum if there are credible reasons to believe you will face persecution upon returning to your country of origin.

It is important to understand that if you do not qualify as a refugee but face a real risk of being killed or suffering serious harm if you return to your country, you may still be granted humanitarian protection.

At Axis Solicitors, we specialise in helping clients secure their right to stay in the UK and obtain legal protection from persecution.

This can be achieved through:

• Claiming asylum and seeking protection in the UK.
• Submitting a human rights application to the Home Office, such as under Article 8 (right to respect for family and private life) or Article 3 (prohibition of torture and inhuman or degrading treatment).

Whether claiming asylum or submitting a human rights application is the right course of action for you, our experienced team will guide you through the process. Ensuring that your application is comprehensive and convincing, we will give you the best chance of a successful outcome.

Our solicitors can help you:

• Review your documents and ensure you gather the necessary evidence to support and strengthen your case.
• Draft, review, and prepare your application.
• Liaise with the Home Office to ensure your application is considered properly.

Eligibility Requirements for Asylum

To be recognised as a refugee, you must meet the following criteria:

• Be outside your country of origin, or if stateless, the country where you usually reside.
• Have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, which could be related to social, cultural, religious, or political circumstances (e.g., gender, gender identity, sexual orientation).
• Be unable or unwilling to seek protection from your country’s authorities.
• Have no part of your country where you can safely reside and reasonably be expected to relocate.

Before evaluating if the above criteria are met, the UK authorities will first determine whether they are responsible for examining your claim. They may conclude they are not responsible if:

• There is another country you can go to that has already recognised you as a refugee or granted you protection against ‘refoulement’.
• There is another safe country where you can seek protection, and it would be reasonable for you to go there due to a previous connection, such as a prior asylum claim or family members residing there.

Your right to protection is grounded in the 1951 Refugee Convention, which is also part of UK law. The UK authorities are obligated to protect you from ‘refoulement,’ which is the forced return to a country where you risk persecution.

The Asylum Process

To claim asylum in the UK, you must register your claim at a ‘screening’—a meeting with an immigration officer where you will provide details about your case. This can occur at the UK border upon arrival or within the UK if you become eligible for asylum after entering the country.

During the screening, you will:

• Be photographed and fingerprinted.
• Undergo an interview to verify your identity and origin.
• Explain why you seek asylum, with the option to present written evidence.

Successful Applications

Upon being recognised as a refugee or granted humanitarian protection, you will receive a residence permit that is valid for five years. If your partner or children under 18 applied as your dependants, they can also receive residence permits. After five years, you can renew your permit or apply for settlement.

With this status, you will have the same rights to work, education, healthcare, and benefits as a settled person. Additionally, you can apply for a travel document if you wish to travel abroad.

Important Considerations

It is important to note that asylum claims registered before 28 June 2022 are considered under previous legislation, while claims made on or after this date fall under the Nationality and Borders Act 2022.

For more detailed information on the asylum process and how we can assist you, please arrange an initial consultation with one of our immigration solicitors.

Consult Axis Solicitors

We offer a free initial consultation to evaluate how we can assist with your case, typically via a brief telephone conversation. Contact us today by phone, email, or the form below, and we will respond promptly.

Although we do not provide legal aid, our firm offers affordable, top-rated legal services with fixed-fee options to meet your needs.

Asylum Claims

If your claim is successful, you will be granted refugee status and allowed to remain in the UK for five years. After this time, you will be eligible to apply for Indefinite Leave to Remain. Axis Solicitors can assist with this process, ensuring a smooth transition for you and your family.

If your claim is unsuccessful, you may be able to appeal the decision. Our team can guide you through the appeals process and represent you at the Immigration and Asylum Chamber.

We offer assistance with:

• Applications to stay in the UK to seek protection from persecution, including asylum applications and human rights applications.
• Applications based on ties to the UK, including Article 8 for family and private life.
• Refugee Family Reunion Policy Applications.
• New claims on asylum or human rights grounds.
• Challenges to exclusion from the Refugee Convention.
• Applications for children and young people under immigration control.
• Applications for victims of domestic violence or trafficking.
• Article 3 applications for fear of inhumane treatment.
• Representation in immigration and asylum appeals.
• Judicial review and administrative review applications.
• Applications for immigration detention bail.

We understand the importance of this time in your life and will do everything possible to make the asylum process as stress-free as possible. 

Contact Axis Solicitors today to schedule a consultation with one of our experienced immigration solicitors. Together, we can help you find a better life in the UK.

The 1951 Refugee Convention

The 1951 Refugee Convention, also referred to as the Geneva Convention of 28 July 1951, is a multilateral treaty established by the United Nations. This treaty explains the definition of a refugee and the rights of those who are granted asylum, as well as the obligations of the nations that provide asylum.

To be eligible for asylum and international protection under the 1951 Refugee Convention, you must demonstrate that your home country is either unable or unwilling to protect you from persecution if you were to return. 

Persecution can be based on:

• Religion
• Race
• Nationality
• Political beliefs
• Sexual orientation or gender identity

Furthermore, to be recognised as a refugee, you must:

• Be outside your home country or usual residence if stateless;
• Have a justified fear of persecution due to race, religion, nationality, political opinion, or social group membership;
• Be unable or unwilling to seek protection from your country’s authorities;
• Have no safe part of your country to return to.

UK authorities will assess their responsibility for your claim. 

They may not be responsible if:

• Another country has already recognised you as a refugee or provided protection;
• There is another safe country with a previous connection where you can seek protection.

Article 3 of the European Human Rights Convention

The European Convention on Human Rights, under Article 3, provides a crucial safeguard against inhuman or degrading treatment. If you fear such treatment upon return to your country of origin, this article may form the basis of your claim for protection in the UK.

At Axis Solicitors, we have extensive experience navigating the complexities of Article 3 applications. We understand the gravity of these situations and the profound impact they have on individuals’ lives. Our dedicated team approaches each case with the utmost sensitivity, working tirelessly to understand your unique circumstances and gather the evidence needed to build a compelling case on your behalf.

We have a proven track record of success in securing protection for those who face the risk of inhuman or degrading treatment. Our expertise in human rights law, combined with our unwavering commitment to our clients, enables us to present persuasive arguments to the Home Office and advocate for your right to safety and security in the UK.

If you believe you have grounds to remain in the UK under Article 3, contact Axis Solicitors today. We are here to offer expert guidance and support throughout this challenging process.

Article 8 of the European Human Rights Convention

The European Convention on Human Rights safeguards your right to family and private life under Article 8. If you have established strong ties to the UK, whether through family residing here or a well-developed private life, this fundamental right may be the key to securing your leave to remain.

Article 8 applications are intricate and demand a thorough understanding of UK immigration law. At Axis Solicitors, our seasoned immigration team possesses the expertise to assess your individual circumstances, meticulously evaluate the strength of your UK connections, and construct a compelling case on your behalf.

We understand the importance of family and private life in the UK. Our proven track record of successful Article 8 applications speaks to our dedication to securing your right to remain in the country you call home.

Contact Axis Solicitors today for a confidential consultation. Let us help you navigate the complexities of Article 8 and safeguard your future in the UK.

Refugee Settlement

You are eligible to apply for refugee settlement if you have been granted asylum or humanitarian protection in the UK and have maintained this status for five years. Applications must be submitted before the expiration of your five-year grant of permission.

Dependants who were granted asylum or humanitarian protection at the same time as you and were dependent on your claim can also be included in your application.

Eligibility Requirements for Refugee Settlement in the UK

To obtain indefinite leave to remain in the UK as a refugee or person granted humanitarian protection, you must meet the following criteria:

1. Residence Permit: You must have held a residence permit as a refugee, person granted humanitarian protection, or their dependant for a continuous period of five years in the UK.
2. Permit Validity: Your residence permit must not have been revoked or not renewed.
3. Criminal Record:
   • You have not been sentenced to imprisonment for four years or more.
   • If sentenced to imprisonment for between 12 months and four years, at least 15 years must have passed since the end of your sentence.
   • If sentenced to imprisonment for less than 12 months, at least 7 years must have passed since the end of your sentence.
   • If given a non-custodial sentence or other out-of-court disposal recorded on your criminal record, at least 2 years must have passed since you received this.
4. Conduct and Character:
   • The Secretary of State must not consider that you have caused serious harm through your offending.
   • You must not have persistently offended or shown a particular disregard for the law.
   • The Secretary of State must not consider it undesirable to grant you settlement in the UK due to your conduct, character, associations, or if you pose a threat to national security.

Important Information Regarding Refugee Settlement

Your refugee residence card may be revoked or not renewed if the Secretary of State determines that the Refugee Convention no longer applies to you for one or more of the following reasons:

• You have voluntarily returned to your country of nationality.
• Having lost your nationality, you have voluntarily re-acquired it.
• You have acquired a new nationality and now enjoy the protection of your new country.
• You have voluntarily re-established yourself in the country you left due to fear of persecution.
• There has been a significant and enduring change in circumstances, making it unreasonable for you to refuse to seek protection in your country of nationality.

Refugee Residence Card Revocation

Your refugee residence card may be revoked or not renewed if the Secretary of State determines you are excluded from the protection of the Refugee Convention for any of the following reasons:

• You are disqualified from being a refugee, such as for committing a crime against peace, a war crime, a crime against humanity, or acts contrary to the United Nations’ purposes and principles.
• You have used misrepresentation, submitted false documents, or omitted crucial facts decisive for the grant of asylum.
• There are reasonable grounds to consider you a danger to the security of the UK.
• You have been convicted of a particularly serious crime and pose a danger to the community in the UK.

Similarly, humanitarian protection status may be revoked or not renewed for these reasons.

If your settlement application is refused, but the Home Office does not revoke your refugee or humanitarian protection status because you still need protection, you will be granted limited leave for three years, which may be renewed.

The Streamlined Asylum Processing (SAP) 

The Streamlined Asylum Processing (SAP) was introduced in the UK in February 2023 as a way to address the backlog of asylum claims and speed up decision-making. The process applies to certain asylum seekers who lodged their claims before March 7, 2023, and are from countries with high grant rates (e.g., Afghanistan, Eritrea, Syria).

Key features of the SAP:

• Questionnaire instead of interview: Instead of a substantive asylum interview, applicants are asked to complete a detailed questionnaire in English within a specific timeframe (usually 20 working days).
• Focus on written evidence: The decision is primarily based on the information provided in the questionnaire and supporting documents, with limited opportunity for further submissions.
• Faster decisions: The aim is to make quicker decisions on straightforward cases, potentially within months rather than years.

Eligibility:

• Claim lodged before March 7, 2023
• From a country with a high grant rate (this list can change)
• Specific claim types (not applicable to all asylum claims)

Status:

The SAP is currently under review and has been paused for new cases since March 7, 2023. Asylum claims lodged after this date are instead subject to the provisions of the Illegal Migration Act 2023.