Claiming Asylum in the UK

For decades, the UK has acted as a safe destination for asylum seekers to find refuge away from dangers overseas. The UK Border Agency maintain strict rules about who is allowed to enter the country in order to protect the economy, security and wellbeing of the UK overall. If the agency believes that an individual is not a genuine refugee or that they do not need protection, they will not authorise entry. What is more, they also have the power to remove those who are in the UK but do not have valid reasons to be here.

The following article explains asylum claiming in greater depth, including who can apply, the acceptable reasons for successful applications and what happens if an application is refused.

How can asylum be claimed in the UK?

There are a number of ways in which a person or people can enter the UK if they believe that they are in danger or could be persecuted in their home country. The following outlines the possible methods of entry and claims for asylum to the UK.

Claiming Asylum

In order to be recognised as a refugee and offered asylum in the United Kingdom, a person must have left their home country or their country of residence because of a well-founded and justifiable fear of persecution, and this fear must prevent them from returning to their country. Persecution could be because of the following reasons:

• Religion and beliefs
• Race
• Political opinions and affiliations
• Nationality
• Membership of a specific social group

Family Reunion Programme

When a person flees to the UK for asylum, they are entitled to add any dependants to their application if they have travelled together. If the family members have been left behind, however, and the applicant has been granted humanitarian protection or has been recognised as a refugee in the UK, any existing family are entitled to make an application to enter the UK for asylum. This application can be made under the Family Reunion Programme, and could include a spouse, civil partner, unmarried or same-sex partner and any children under the age of 18. If applicable, additional family members may be considered under compassionate grounds.

Applications for Human Rights Asylum

For applicants who do not qualify for refugee recognition, they may be entitled to enter to stay on a temporary basis for humanitarian reasons through a human rights application. Under the European Convention on Human Rights, an individual should not be sent back to a country if they believe that there is a risk that they will be subjected to inhuman treatment or punishment or will become the victim of torture.

If either an application for asylum or human rights asylum is granted, the applicant will be authorised to stay in the UK for a period of 5 years to begin with. Once the first five years have passed and if the applicant has maintained acceptable behaviour and respect for UK laws, they will be able to apply for Indefinite Leave to Remain (ILR).

Gateway Protection Programme

As well as the asylum applications that can be made as above, the Gateway Protection Programme, which is managed by the UK Border Agency alongside the United Nations High Commissioner for Refugees (UNHCR), is in place to resettle applicants who are considered to be particularly vulnerable refugees.

The programme has provisions to allow up to 750 refugees to enter and settle in the UK on an annual basis. The processing body of applications of this type is the UNHCR who will refer each case to the UK Border Agency. The application will be reviewed and considered on it's own merits, with some of the important factors being the applicant's refugee status, their reason for resettlement, any dangers or risks to security, their family status, medical history and the current health of the applicant and any dependants. Under the Gateway Protection Programme, successful applicants are immediately granted permanent residence in the UK.

Discretionary Leave to Remain

If an applicant does not meet the requirements to qualify as a refugee or to receive humanitarian protection, they may be able to apply for Discretionary Leave to Remain. These applications will be closely assessed on an individual basis, and this option is only offered in particular situations which are limited.

Unsuccessful or Denied Applications

Applicants who are unsuccessful in their asylum applications and who are not qualified or given protection as a refugee in the UK may be able to make an appeal to the Immigration and Asylum Tribunal. Once the appeal process has ended, if the application is still denied, the applicant will be expected to return to their country voluntarily. If they do not, they may be liable for a forced removal through arrest and being detained in an Immigration Removal Centre, which is a secure centre that will house the individual until they leave.