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Asylum, Humanitarian Protection & Refugees

For these kind of applications, the applicant will have to demonstrate that he/she has a substantial fear of prosecution in their country of origin on the basis of:-

    Their ethnic background;
  • Religion;
  • Place of origin ;
  • Been a member of a social group; or
  • Your political viewpoint.

The success of asylum (Asylum, humanitarian Protection & refugees) claims in the light of the points mentioned above would normally depend on whether or not the UKVI believes in your story. If in the application, you can show that you are facing serious harm or intimidation, you chances of success are enhanced. Importantly, a refusal of your application by the Home Office can still be challenged by way of an appeal; and that also would depend if the application is certified or not.

In some cases, the Home Office may certify the application as clearly unfounded. What this mean is that the application was just submitted for the sake of it. If your application is certified, you will then have to return to your home country to appeal the decision. However, you may still be able to challenge that decision in-country through a Judicial review.

For asylum applications, the evidence of persecution doesn’t have to show that persecution currently exists, applications may still be lodged if there is a possibility that persecution will occur as a result of the points mentioned above.

Claims are usually argued on the basis of your rights under the Human Rights Convention of the EC (ECHR). The convention states that you have a right to be free from all forms of torture, cruelty as well as treatments that are humiliating. It further asserts your right to privacy and family life.

Where as a result of your religious beliefs, place of origin, membership of a social group or your worldview, certain persons or government act to deny your rights under the ECHR, you may be able to make a successful asylum claim.

If your application is successful, your entry clearance application will normally be granted for 5 years in in line with the terms of protection that you seek. If you have remained in the country for over 5 years as an asylum seeker, refugee or person seeking humanitrarian protection, you may be eligible for settlement (Indefinite Leave to remain).

Please note that your status as a refugee or an asylum seeker will be lost if you go back to the country you claim to be fleeing. You are not expected be away from the UK for a period exceeding 2 years or break the law in the UK; your asylum, refugee or humanitarian status will be lost if you do so

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Kind regards
Nancy Jacquard


 
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