UK Asylum Applications & Support
Tann Law provides expert asylum support services in the UK, ensuring the dignity and safety of individuals fleeing persecution. Whether it’s based on race, politics, religion or social group membership, our experienced asylum solicitors are here to help.
Understanding UK Asylum Applications
Seeking asylum in the United Kingdom is a humanitarian action aimed at protecting individuals fleeing their home countries due to a well-founded fear of persecution.
This could be based on factors such as race, political beliefs, nationality, religion or membership in a particular social group. The UK government is committed to preserving the dignity and safety of those seeking asylum within its borders. To claim asylum, you must be in the UK.
How to Apply for Humanitarian Protection in the United Kingdom
To apply for humanitarian protection in the United Kingdom, initiate your application at the point of entry by informing the border authorities that you are seeking humanitarian protection due to fear of returning to your home country.
The Application Process
Screening Interview
Upon arrival in the UK, you will undergo a screening interview where you’ll be asked numerous questions regarding your asylum claim. This interview should take place on the same day you arrive or within five days of your claim.
Substantive Interview
If you decide to claim asylum after entering the UK, you must contact the Home Office to schedule a ‘Screening Interview.’ This interview is typically conducted between five and fifteen days following your initial contact. The substantive interview aims to gather comprehensive information about your background, reasons for seeking asylum, and any supporting evidence.
Application Registration Card
After successfully completing the screening interview, you will receive an Application Registration Card, which serves as your primary identification document during your stay in the UK.
Detailed Interview
You will then participate in a more in-depth interview to establish various aspects of your case, including your history and reasons for leaving your home country. Interpreters and legal representatives may be present to assist you.
Review of Interview Record
Following the substantive interview, you and your legal representative should review the interviewer’s record. Any necessary amendments or additions to the record to support your case should be made during this phase. Additional documentation that was not previously provided but supports your claims should also be submitted.
After Your Application
If your asylum claim is successful, you will be granted humanitarian protection in the United Kingdom, allowing you to remain in the country for five years.
What to Do if Your Application Is Refused
If your asylum application is denied, you have several options:
Appeal
You can appeal the decision to the First-tier Tribunal by completing the form IAFT-5, typically included with the refusal letter from the Home Office. Your appeal can be based on the grounds that expelling you from the UK would violate the UK’s refugee convention obligations.
Upper Tribunal Appeal
If your appeal to the First-tier Tribunal is unsuccessful, you may appeal to the Upper Tribunal. An appeal to the Upper Tribunal requires authorisation to proceed and should be based on what is referred to as “legal error.”
Further Appeals
There are four levels of appeal: the First-tier Tribunal, the Upper Tribunal, the Court of Appeals, and the Supreme Court. Our experienced asylum solicitors can provide guidance and assistance throughout the appeals process.
Why Choose Tann Law for Your UK Asylum Application?
Our dedicated team of immigration lawyers specialises in offering the necessary expertise and support to guide you through this challenging journey.
With our in-depth knowledge of immigration law, we ensure that your asylum application is handled with the utmost precision and professionalism.
We strictly adhere to the stringent guidelines set by the UK Home Office, leaving no room for mistakes. By choosing Tann Law, you can rest assured that we will minimise the risks and enhance your chances of a successful asylum claim.
For more detailed information on claiming asylum in the UK, visit the UK Government’s official page.
FAQ for Upper Tribunal (Immigration and Asylum Chamber)
What is the Upper Tribunal (Immigration and Asylum Chamber)?
The Upper Tribunal (Immigration and Asylum Chamber) is a superior court of record in the UK that deals with appeals against decisions made by the First-tier Tribunal (Immigration and Asylum Chamber) on immigration, asylum, and nationality matters.
How do I appeal to the Upper Tribunal?
- To appeal to the Upper Tribunal, you must first apply for permission to appeal. This application should be made if you believe there was an error of law in the First-tier Tribunal's decision. If permission is granted, the Upper Tribunal will hear your case.
What constitutes an error of law?
An error of law can include a mistake in the application of the law, a procedural error, or a failure to provide adequate reasons for the decision. It does not include disagreements with the factual findings of the First-tier Tribunal unless those findings were irrational or perverse.
What is the process for an appeal in the Upper Tribunal?
- Application for Permission: Submit an application for permission to appeal, outlining the alleged error of law.
- Permission Decision: The Upper Tribunal will decide whether to grant permission to appeal.
- Hearing: If permission is granted, a hearing will be scheduled where both parties can present their arguments.
- Decision: The Upper Tribunal will issue a decision, which may uphold, set aside, or remit the case back to the First-tier Tribunal.
What are common reasons for the Upper Tribunal to refuse permission to appeal?
- No Error of Law: The Tribunal may determine there is no arguable error of law.
- Insufficient Grounds: The application may not sufficiently demonstrate an error of law.
- Out of Time: Applications submitted after the deadline may be refused unless exceptional circumstances justify the delay.
- Lack of Merit: The Tribunal may find the appeal lacks merit.
- Procedural Issues: Non-compliance with procedural requirements can lead to refusal.
- No Real Prospect of Success: The Tribunal may conclude the appeal has no real prospect of success.
Can I introduce new evidence in the Upper Tribunal?
Generally, new evidence is not allowed unless it is in the interests of justice. The Upper Tribunal has discretion under Rule 15 of the Tribunal Procedure (Upper Tribunal) Rules 2008 to admit new evidence if it was not available at the time of the First-tier Tribunal hearing.
What happens if I disagree with the Upper Tribunal's decision?
If you disagree with the Upper Tribunal's decision, you may apply for permission to appeal to the Court of Appeal. This is only possible if there is a point of law of general public importance.
How long does the appeal process take?
The duration of the appeal process can vary depending on the complexity of the case and the caseload of the tribunal. It is advisable to seek legal advice for an estimate based on your specific circumstances.
Is legal representation necessary for an appeal?
While it is not mandatory to have legal representation, it is highly recommended due to the complexity of legal arguments and procedures involved in the appeal process.
How can I prepare for an appeal in the Upper Tribunal?
- Review the First-tier Tribunal's decision: Understand the reasons for the decision and identify any potential errors of law.
- Gather evidence: Ensure all relevant evidence is organised and available.
- Seek legal advice: Consider consulting with a legal professional to assist with your appeal.
What is the cost of appealing to the Upper Tribunal?
There may be fees associated with appealing to the Upper Tribunal. It is advisable to check the latest fee schedule on the official government website or consult with a legal advisor.
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