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The Law is above the King ! Site Maintained by Advocate Santosh Giri, LLM (US/Nepal) | Specialization : Human Rights Law of Nepal [CAT, ICERD, ICESCR, ICCPR, CEDAW, Regional and International Instruments] | Freelance Media Monitoring on Human Rights, Legal Development and Violation of Human Rights in Nepal.

Filing Asylum in the UK

The United Kingdom has a proud tradition of providing a place of safety for genuine refugees. However, we are determined to refuse protection to those who do not need it and will take steps to remove those who are found to have made false claims.

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.

The United Kingdom also adheres to the European Convention on Human Rights, which prevents us sending someone to a country where there is a real risk they will be exposed to torture, or inhuman or degrading treatment or punishment.

If you do not qualify for asylum but we think there are humanitarian or other reasons why we should allow you to stay in the United Kingdom, we may give you temporary permission to remain here.

In 2006, 17 out of every 100 people who applied for asylum were recognised as refugees and given asylum. Another nine out of every 100 who applied for asylum but did not qualify for refugee status were given permission to stay for humanitarian or other reasons. (At the time these figures were published, 13 in every 100 applications had not yet resulted in a final decision.)

For more information on the number of asylum applications we receive and their outcomes, read the asylum statistics in Immigration facts and figures.

See Claiming asylum for more information on making an application.

We now aim to conclude all new asylum applications within six months. This means that within six months:

  • a successful applicant will start integration into life in the United Kingdom; or
  • an unsuccessful applicant will return home, either voluntarily or by enforced removal.

More information on this can be found in The asylum process section.

For the full, technical details of the policy and process our asylum staff follow, see Policy and Law.

Who can claim asylum?

Asylum 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 because of your:

  • race;
  • religion;
  • nationality;
  • political opinion; or
  • membership of a particular social group.

In 2006, 17 out of every 100 people who applied for asylum were recognised as refugees and given asylum.

If you do not qualify for recognition as a refugee but we think there are humanitarian or other reasons why we should allow you to stay in the United Kingdom, we may give you temporary permission to remain here. See Human rights applications for more information.

How to claim asylum

You must be in the United Kingdom in order to apply for asylum here.

You must make your application in person and you should do this as soon as possible after arriving in the United Kingdom. If you delay your application for asylum, it may affect your ability to prove your reasons for it.

If you have arrived in the United Kingdom by travelling through another country within the European Union, or another country we consider to be safe, we may require you to pursue your claim for asylum with the country you travelled through. If this is the case, we will send you back to that country.

You may be detained while we consider your application.

You can make your asylum application at your point of entry to the United Kingdom or, if you are already in the country, to either of our asylum screening units.

Applying at the point of entry

We recommend that you make your application for asylum as you enter the Untied Kingdom.

You can do this at the port or airport by telling the immigration officer at passport control that you wish to claim asylum. The immigration officer will know what needs to be done after you make your application and he/she will help you start the asylum process.

Applying within the United Kingdom

If you wish to claim asylum and are already in the United Kingdom, you can make your application at our asylum screening unit either at Croydon (south of London) or in Liverpool.

By making your application at one of the screening units, you will have started the asylum process.

SCREENING PROCESS

Before you are allocated to your case owner, you will have to go to our asylum screening unit either in Croydon (near London) or in Liverpool. For the addresses of screening units, see How to claim asylum. If you claimed asylum at your port of entry, you will go through a screening process similar to this before being allocated to your case owner, but it will take place at the port.

At the unit, you will be interviewed briefly – we call this part of the process ’screening’. You will be expected to produce your passport or travel document to establish your identity and nationality and to support your application. We will retain this while we make a decision on your application.

We will take your fingerprints, photograph, and any other physical identification information we think is required. This helps us to prevent fraud and multiple applications by the same person.

You will be asked some basic questions about your application. If you have children or other dependants, they should come with you so that they can be included in your application.

We will provide an interpreter if you need one. In special cases, we can provide a male or female interpreter if you prefer one of a specific gender.

At the screening unit, you will normally be given an application registration card, often known as an ARC. This shows you have made an application for asylum and contains your personal details and photograph. For more information about this, and why it is important, see Application registration card.

Employment

You will not normally be allowed to work while we consider your asylum application, except in very limited circumstances. This page explains what those circumstances are.

The majority of asylum applicants are not permitted to work while we consider their application. This is because entering the country for economic reasons is not the same as seeking asylum, and it is important to maintain a distinction between the two.

However, if you have waited longer than 12 months for us to make an initial decision on your asylum application, you may request permission to work. Currently, most new asylum applications receive a decision within 30 days.

If you are given permission to work, you will not be allowed to become self-employed or to do certain types of work.

We will give you permission to work only if you yourself are not responsible for the delay in us reaching an initial decision on your application.

If you are homeless or without money to buy food (we call this ‘destitute’) you may qualify for free housing and financial help. Your case owner will tell you if you qualify for this. For more information, see Asylum support.

If you want to work voluntarily, without being paid, you should speak to your case owner.

It is against the law to beg.

Source: http://www.bia.homeoffice.gov.uk/asylum/

Filed under: Asylum in the UK, Human Rights, Immigratoin Reform, Justice, Laws, Legal Development, कानून नेपाल

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LEGAL DISCLAIMER

The information contained in this Site is for general guidance based on information available in the internet on several matters discussed. THE AUTHOR OF THIS BLOG IS NOT LICENSED TO PRACTICE LAW IN THE UNITED STATES. The author is only licensed to practice law in Nepal. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the updating immigration policies, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional such as an Immigration law Attorney or related professionals for other subject matters. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will the author and the organizations the author is involved in will be thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Certain links in this Site connect to other Web Sites maintained by third parties over whom the author has no control. Author and/or this blog and related author’s blogs or sites makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

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