Asylum is protection given by a country to someone who is fleeing persecution in their home country. It is considered under the 1951 United Nations Convention Relating to the Status of Refugees. The 1951 Convention relating to the Status of Refugees is the key legal document which defines a refugee, their rights and the legal obligations of individual states.

To be recognised as a refugee, you must have fled your home country and be unable to return because you have a well-founded fear of persecution based on race, religion, nationality, political opinion and membership of a particular social group.

The UK also adheres to the European Convention on Human Rights, which prevents the authorities from sending someone to a country where there is a real risk of being exposed to torture or inhuman and/or degrading treatment or punishment.

 

Why do refugees need protection?

States are responsible for protecting the fundamental human rights of their citizens. When they are unable or unwilling to do so, often for political reasons or based on discrimination, individuals may suffer serious violations of their human rights which leave them with no option but to leave their homes, their families and their communities, to find sanctuary in another country. Since, by definition, refugees are not protected by their own governments, the international community steps in to ensure they are safe and protected.

If the authorities find your claim to be credible, you will be granted Asylum for a period of 5 years. Thereafter, you can apply for settlement in the UK.

Whilst your claim is ongoing you may also be entitled to financial and/or accommodation support, which can continue once a decision has been made on your matter, depending on your particular circumstances.

If you do not qualify for Asylum, but the authorities believe there are humanitarian or other reasons why they should allow you to stay in the UK, they may give you temporary permission to remain here or grant you with Humanitarian Protection. If you are granted Humanitarian Protection, you will be given leave to remain for a period of 5 years, after which you can apply for settlement in the UK.

If a person is granted Asylum or Humanitarian Protection in the UK, the authorities have a family reunion programme which allows you to be reunited with your family members in the UK (that is, those who were part of the family unit before you fled).

We understand that this can be a difficult and emotional time and we are here to help you along the way and guide you through the entire application process. We strongly recommend that you seek legal advice to ensure that you make the right application for you.

 

Professional fees:

Normally, instructions in respect of all UK immigration matters are undertaken on the basis of an agreed fixed fee having consideration of the complexity of the matter and the level of expertise involved. All disbursements are additional such as the Home Office / Visa application fee and Immigration Health Surcharge fee. If we are unable to agree a fixed fee, our standard hourly rate will be £300 plus vat equating to £360 (if applicable).

Our agreed fixed fee usually includes meeting with one of our experienced solicitors to establish the details of your case, advice on your option(s) and merits in the matter, guidance in collating supporting and relevant documents; assisting with making an appointment with the Home Office for the screening interview, guidance and assistance with preparing and submitting representations with the Home Office and assisting you with the substantive interview at the Home Office.

Time scale:

Upon receiving instructions, we will provide you with an initial list of documents. Thereafter, we shall provide a comprehensive list of documents tailored to your individual circumstances. If your matter is urgent it will be dealt with as a priority. As soon as we have received the requested information and supporting documents and we have reviewed your matter, we shall assist you in claiming asylum with the relevant Immigration department bearing in mind applicable deadlines. Within 2 weeks the screening interview should take place. A substantive interview should take place at the Home Office within 8-12 weeks. A decision from the Home Office can take 9-12 months. The timescale on when a decision will be received will depend on the type of application being made and backlog of the decision making body. We shall keep you informed of the progress of your matter throughout the entire application process.

Please contact us today for further advice and assistance on 020 3002 9147, 075 8293 2830 or email us at info@aschfordslaw.com.