Asylum is protection given by a country to someone who is fleeing persecution in their own country. It is given under the 1951 United Nations Convention Relating to the Status of Refugees. To be recognised as a refugee, you must have left your country and be unable to go back because you have a well-founded fear of persecution. A person whose asylum claim is accepted and who is resultantly granted refugee status is granted initial leave to remain as a refugee for 5 years. An application for Indefinite Leave to Remain (ILR) can be made in the UK as a refugee one month prior to the expiry of 5 years leave to remain as a refugee.
Criteria For Grant Of Asylum
According to Immigration Rules, an asylum applicant will be granted asylum in the United Kingdom if the Secretary of State is satisfied that
- he is in the United Kingdom or has arrived at a port of entry in the United Kingdom;
- he is a refugee, as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
- there are no reasonable grounds for regarding him as a danger to the security of the United Kingdom;
- he does not, having been convicted by a final judgment of a particularly serious crime, not constitute danger to the community of the United Kingdom; and
- refusing his application would result in him being required to go (whether immediately or after the time limited by any existing leave to enter or remain) in breach of the Geneva Convention, to a country in which his life or freedom would threatened on account of his race, religion, nationality, political opinion or membership of a particular social group.
A person may have a well-founded fear of being persecuted or a real risk of suffering serious harm based on events which have taken place since the person left the country of origin or country of return and/or activates which have been engaged in by a person since he left the country of origin or country of return, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin or country of return.
Unaccompanied children may also apply for asylum and, in view of their potential vulnerability, particular priority and care is given by the Home Office to the handling of their cases. Although person of any age may qualify for refugee status under the Convention and the criteria in paragraph for grant of asylum as laid in the Immigration Rules apply equally to all cases. However, account is taken of the applicant's maturity and in assessing the claim of a child more weight is given to objective indications of risk than to the child's state of mind and understanding of his situation. An asylum application made on behalf of a child should not be refused solely because the child is too young to understand his situation or to have formed a well-founded fear of persecution. Close attention should be given to the welfare of the child at all times.
Any child over the age of 12 who has claimed asylum in his own right is interviewed by the Home Office Immigration Officer about the substance of his claim unless the child is unfit or unable to be interviewed. When an interview takes place it is conducted in the presence of a parent, guardian, representative or another adult independent of the Secretary of State who has responsibility for the child. The interviewer is required to have specialist training in the interviewing of children and have particular regard to the possibility that a child will feel inhibited or alarmed. The child shall be allowed to express himself in his own way and at his own speed. If he appears tired or distressed, the interview shall be stopped.
Why Choose Sunrise Solicitors For Asylum Application?
The immigration solicitors at Sunrise Solicitors are experts in dealing with asylum claims in the UK. The quality of our service is self-evident from clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your asylum application and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
If instructed to represent you regarding your asylum application, the casework to be carried our by our immigration solicitors will include the following:
- Taking detailed instructions from you in relation to your immigration matter and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your asylum claim;
- Discussing your asylum claim in detail with you and advising you about the weaknesses and strengths of your asylum claim;
- Advising you about the documentary evidence to be submitted in support of your asylum application;
- Considering contents of the documentary evidence to be submitted in support of your asylum application and discussing the same with you;
- Booking your appointment with the Home Office, UKVI for registration of your asylum claim in the UK;
- Accompanying you to the Home Office, Croydon Asylum Screening Unit for the registration of your asylum claim in the UK and assisting you in the registration of asylum claim. Representing you in your Screening Interview of your asylum claim in the UK;
- Preparing a detailed witness statement explaining in detail the basis of your asylum and submitting the same to the Home Office, UKVI to be considered in support of your asylum claim in the UK;
- Advising you about the substantive asylum interview and discussing with you possible questions to be raised by the Home Office, UKVI during the interview;
- Representing you in your substantive asylum interview as your legal representative and making any post interview representations to the Home Office in support of your asylum claim in the UK;
- Protecting your interests while your asylum application is pending with the Home Office, UKVI and keeping you informed on the progress of your asylum claim in the UK;
- Doing all the follow up work until decision is reached on your asylum claim in the UK by the Home Office, UKVI.
Our Fee For Asylum Claim In The UK
- We will charge you a fee from £1,500 (no VAT) for our professional immigration services in relation to your asylum application in the UK. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
- If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
- The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, fees of country expert for expert report etc.