UK immigration and difficulty of proving asylum claims

UK immigration has always been a complicated area of UK policy, especially for asylum seekers. Due to the complications, asylum seekers may like to consider other alternative UK immigration options. Hundreds of individuals flee their homes each year to travel to the United Kingdom to seek refuge from persecution and inhumane and degrading treatment. Individuals seeking asylum range from families with young children, individual adults and unaccompanied children.

Asylum law in the United Kingdom is governed by the Convention Relating to the Status of Refugees (1951) as transposed into domestic law by Part 11 of the Immigration Rules. In order to be granted refugee status in the United Kingdom the UKBA must be satisfied that the applicant has a well-founded fear of persecution in his/her country of origin for one of five reasons, including race, religion, nationality, political opinion and membership of a particular social group.

The ability to demonstrate a “well-founded fear of persecution” is a difficult hurdle to overcome and the definition of a “well-founded fear” is a minefield of case law ranging from the highest level at the European Court of Human Rights to the domestic courts at the First-Tier Tribunal. Similarly, the requirement to demonstrate that your fear fits in to one of the five convention reasons highlighted above often proves impossible, where an applicant flees his/her home without a single document.

In order to claim asylum in the United Kingdom the applicant must visit an asylum-screening unit in person. Although legal representatives can assist in preparing statements, representations and supporting documents, a legal representative cannot claim asylum on an applicant’s behalf. The largest screening unit is located at Lunar House in Croydon. On arrival at the screening unit the applicant will have his/her biometric details taken and will take part in a screening interview. A screening interview involves the applicant giving a detailed description of his/her journey to the United Kingdom and personal details.

There is a possibility that an applicant will be detained on presentation at an asylum-screening unit because an asylum seeker is technically an illegal entrant. Due to this possibility, it is  advised that an individual attending an asylum-screening unit to seek asylum instructs a legal representative prior to the event so that the legal representative can deal with any issues and bail applications in the event that the applicant is detained.

Once the applicant has claimed asylum he/she will be invited to attend a full asylum interview. Before the interview, it is advisable that the applicant instructs a legal representative to draft a witness statement detailing the applicant’s asylum claim and complete any further paperwork.

At the asylum interview the UKBA caseworker will take full details of the applicant’s asylum claim. The interview can be very lengthy and an applicant must ensure that the interview is tape recorded as the interview will be the basis of the application for asylum and will be used in any subsequent appeals. Once the interview is completed, the applicant will have 5 working days to submit any further documents or representations that they wish the caseworker to consider. The caseworker will then consider the application and serve the applicant and his/her legal representative with a decision.

If the application is successful, the applicant will be granted 5 years leave to remain in the United Kingdom. After the five year period the applicant must apply for indefinite leave to remain. If the application is unsuccessful, the applicant will be given the right to appeal the decision at the First-Tier Tribunal and argue their case in front of a judge.

The majority of asylum claims are refused at first instance and it is often only at the appeal stage with the assistance of legal arguments of supporting documentation that asylum cases can be won. This suggest that other alternatives can be considered for easier entry to the UK.