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The 1951 Refugee Convention and the criteria to qualify

In order to qualify for asylum and international 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. According to the 1951 Refugee Convention, persecution can be on the basis of any of the following:

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

Article 3 of the European Human Rights Convention

If, however, you do not meet the specifications above in the 1951 Refugee Convention, you may possibly qualify to remain in the UK through the EU Human Rights Convention if you are at risk of:

  • Persecution with torture or the death penalty.
  • Withdrawal of medical treatment resulting in death or inhuman or degrading treatment.

Eligibility criteria for Claiming Asylum

The main requirement for applicants to be able to claim asylum is that they must be unable to live safely in any part of their own country because of fear of persecution. This persecution must be because of the applicant’s race, religion, nationality, political opinion or anything else that puts them at risk because of the social, cultural, religious or political situation in their country (For e.g. Applicant’s gender, gender identity or sexual orientation). Also, any attempt at getting protection from the authorities must have resulted in failure.

Processing time for an Asylum Application

Applicants can expect a response within 6 months from the Home Office and should note that they will not be allowed to work whilst their application is still in the process. However, they will get help with legal representation and living expenses while they wait.

Grant of Asylum

Once your asylum application has been approved you will be granted 5 years visa.

Refusal of Asylum

If you are in a position where you do not qualify for asylum but you need to stay in the UK to protect your human rights, we can examine your case for you.