Asylum Claim

Asylum

Unfortunately, we live in a world where the liberty of the individual is at risk as a result of their religion, race, sexuality, gender or political opinions in many countries. Currently, it is estimated that there are 68.5 million men, women and children escaping war, persecution and political turbulence Individuals who have had to flee a country because of a threat of violence need their rights protected and it is the responsibility of the UK to protect individuals from such persecution. Adam Bernard Solicitors have seen many asylum applications succeed due to a meticulous attention to detail. We will provide honest advice on the intricacies of your case to ensure that every avenue is covered, and your claim has the best prospect of success.

Our team immigration solicitors understand that making a claim for asylum is stressful and the stakes are high. Our years of experience in making such claims will ensure that you are comprehensively advised on how to evidence your claim and are fully prepared when attending the interview process.

Who is an Asylum Seeker?

An asylum seeker is someone who comes to the UK, fleeing persecution or torture, and applies for refugee status.

Such a person remains an asylum seeker until refugee status is granted.
Asylum seekers may have restrictions on their ability to work or claim state benefits but may be able to get other help with housing and living costs.

Who is a Refugee?

A refugee is someone deemed to have a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” and who therefore cannot return to his or her country of origin.

The 1951 Convention Relating to the Status of Refugees (the Refugee Convention) broadened the criteria under which states would grant asylum to include not just those fearing persecution on traditional political grounds but also those with a ‘well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group’.((See Article 1A(2) as amended by the 1967 Protocol.)) In particular, the Refugee Convention granted a broad range of specific entitlements to those recognised as falling within its criteria.

Even if an asylum seeker does not qualify for refugee status (due to the relatively narrow grounds of persecution for a Convention reason), the Human Rights Act 1998 enables the courts to prohibit removal where an asylum seeker’s return to their home country would otherwise result in a ‘real risk’ of ill-treatment contrary to Article 3 (see the decision of the Strasbourg Court in Soering v United Kingdom) or a ‘flagrant breach’ of any other Convention right (see the 2004 House of Lords decision in Ullah v Special Adjudicator(([2004] UKHL 26)), in which JUSTICE intervened). In addition, an asylum seeker’s family life in the UK may prevent removal but only in the more exceptional cases (see the 2007 judgment in Huang v Secretary of State for the Home Department [2007] UKHL 11)

Appeal Rights

Most asylum-seekers have a right of appeal to the First Tier Tribunal if their claim is refused. They are allowed to remain in the UK while they wait for their appeal. However, some applicants do not automatically have a right to an appeal inside the UK, for example if they come from the countries that are presumed by the Home Office to produce clearly unfounded asylum claims, or if they have already claimed asylum in a safe third country.

Our Support

It is important that asylum seekers and refugees needing legal advice secure services from properly qualified and expertise legal representative.We undertake all cases in asylum and our experience in dealing with, and winning these cases means that you can be assured of a high quality, professional service which assists to relieve clients and their families of worry and anxiety during stressful times.

It is not automatic, and the burden of proof is on you when you fill out the application to prove you meet the criteria. Every year thousands of people flee their country of origin because they have been persecuted or fear persecution because of their race, religion, nationality, membership in a particular social group, or political opinions. Our experienced legal team can help you meet your burden of proof if you are seeking refugee status or asylum on any of these grounds.

Why Adam Bernard Solicitors?

  • Our team of immigration solicitors have years of experience in safeguarding the rights of our clients
  • We have achieved numerous successes when making asylum claims as evidenced through our client testimonies.
  • We understand the significance that these applications have on the lives of our clients and will ensure that every avenue is covered to give them the best chance of success.
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