Who is an asylum seeker?

An Asylum Seeker is an individual who has entered the UK to claim asylum and has registered this fact with the UK Home Office (UK Visa and Immigration Department). Those who have their asylum claim accepted become a refugee and are given “leave to remain” or they are rejected and required to leave. Other forms of leave to remain include Humanitarian Protection or Discretionary Leave to Remain. See details for how to claim asylum.

A refugee has been give permission to stay in the country by the UK Home office. A refugee is entitled to the same rights and support as any other foreigner who is a legal resident, including the right to work. Refugees are no longer given Indefinite Leave to remain, and most people allowed to stay in the UK must reapply after 3 or 5 years

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
• membership of a particular social group

The criteria for the granting of asylum and hence the recognition of a person as a refugee can be found in the 1951 UN Convention relating to the Status of Refugees. The UK is a signatory to the convention, and thus has a legal obligation to protect refugees

How to Claim Asylum

Full details for claiming asylum can be found on the UK Home Office website. It explains

• who may be given asylum in the United Kingdom
• how applications for asylum are processed
• what an asylum applicant can expect while the application is considered
• what happens after the decision has been made.

You can also read about the Asylum process made simple by Asylum Aid

One of the most useful tools for an Asylum Seeker is the Right to Remain Toolkit – this is an online resource, translated into multiple languages, which lets people find where they are in the system righttoremain.org.uk/toolkit/

70% of people do not claim Asylum at the Port of Entry and have to get to Croydon to claim at Lunar House, the Asylum Screening Unit. To be sure of getting in you need to arrive early – before 1pm. They are shut at the weekend. The Home Office does not help people to do this, instead directing the potential Asylum Seekers to organisations like Asylum Link. The attachments below show how to get there from Liverpool.

Claiming Asylum in Croydon 2017

A simpler version is available underneath

The UK Asylum Process – System and Support

Arrival - Initial Application & Screening Interview     

Claim Asylum at the Port of entry or Croydon

The person will be screened and assessed for vulnerability. If the person is likely to be destitute and unable to support themselves they will be given temporary accommodation. The ARC card is issued

 Initial Accommodation

Section 98 1-6 weeks

 People are dispersed to centres around the UK.

Liverpool is the centre for the NW

Claimants will be health screened and given dispersal briefings (Migrant Help) They may move into Liverpool or to another area – Wigan, Manchester etc. Migrant Help currently process the request for housing and start the payments (single person £37.70). Aspen card – can be used in cash machines and shops

Section 95 Mainstream Accommodation 2-6 months

Substantive Interview and SEF (Statement of Evidence Form) Some are conducted by Video Link

At Interview the claimant can be accompanied by an advisor or can request the interview is recorded – this is a very important time – all the different parts of the evidence will be cross checked and verified In Liverpool, private landlords via Serco provide the housing. People must remain at their designated address and keep to their reporting schedules in order to retain support. Permission to work will probably not be given.

Refusal or Acceptance IAFT1 Appeal Against Refusal Forms

This decision by the UKVI. Where denied, an appeal to the 1st Tier AIT tribunal must be made in order for support to continue

 Section 95 is usually continued during this period. Successful claimants will be given Refugee Status, Humanitarian Protection (both usually 5 years LR) or Discretionary Leave to Remain for varying periods. People usually apply for Citizenship or an extension to DLR before a citizenship application.

1st Tier Appeal circa month 6-12

Appeal to the 1st Tier - Given 2 dates – Case Management Review and Full Hearing

Can be accompanied by rep or just advised

1st Tier AIT (Asylum Immigration Tribunal) - Independent Judge – appeal usually based on 1of 4 grounds for refusal: Error in Law, ECHR incorrectly applied, UN51 Convention incorrectly applied, Decision made without proper authority.

Full AIT Hearing Refusal or Acceptance

Claimants day in court to state case against Refusal – facts of the case

Support is stopped and the claimant is told to contact an Assisted Voluntary Returns Programme - Eviction on day 21.

Permission to appeal

1st Tier - Sent to Senior Immigration Judge (SIJ) for permission to go to Upper Tribunal

Permission to Appeal IAFT-4 or direct to UT via IAUT-1 Any appeal should be based on a material error of law. (‘subjective fear’ appeal 6 weeks turn around but stops at this stage)

Appeal to Upper Tribunal Refusal or Acceptance

Panel of Immigration Judges in court who review the whole case for error

Any appeal must be based on an error in law or point of law. The upper tier may allow, dismiss or send the appeal back to the 1st Tier again. It is possible to Appeal to the Upper Tier but this is highly unlikely – going outside the immigration system will usually involve Judicial Review, During the periods when an appeal is pending, support will be given, but usually not during the period when seeking permission to appeal



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