Our website use cookies to improve and personalize your experience. Our website may also include cookies from third parties like Google Adsense, Google Analytics and Facebook. By using this website, you consent to the use of cookies. We've updated our Privacy Policy, please click on the button beside to check our Privacy Policy.

Follow Us:

Asylum and Human Rights Applications / Appeals

Company Overview Image

UK Asylum & Humans Rights Solicitors

As a specialist immigration law firm, we advise clients throughout the East Midlands and North West on refugee and human rights law issues. Our solicitors draw on many years of proven experience to provide clear, realistic legal advice on seeking protection under Refugee and Human Rights Conventions.

Our in-depth expertise, knowledge and vast experience of Refugee and Human Rights Law allows us to provide a comprehensive assessment of your chances of success in light of current legislation, case law and Home Office policy.

Humanitarian Protection and Human Rights

Separator-Image-White

A claim for Humanitarian Protection is considered alongside an asylum claim. Where an asylum claim cannot succeed, an asylum seeker may be granted Humanitarian Protection. This must be granted where there are still substantial grounds for believing that there is a real risk of serious harm but an individual cannot be recognised as a refugee.

Consideration will also be given to potential breaches of human rights usually, whether there will be a breach of Articles 3 and 8 of the European Convention on Human Rights (ECHR), though other articles of the ECHR may apply. Article 3 requires consideration as to whether removal from the UK would result in torture, inhuman and degrading treatment or punishment. Article 8 requires consideration as to whether removal would breach the asylum applicant’s right to their family and private life.

Decisions on asylum, humanitarian protection and human rights claims made in the UK are made by the UKVI which is an agency of the Home Office.

Asylum applicants should seek legal representation as soon as possible before or after making a claim for international protection. Legal Aid funding is generally available for asylum claims.

There will be an initial screening interview in which the Home Office takes the personal details of the applicant and their journey to the UK, checks if they have claimed asylum in the UK or Europe before, and gives them a reference number for their application.

The asylum interview is the next stage of the asylum process and is when the applicant gets an opportunity to describe to the case owner what has happened to them and what it is they fear in their own country.

If an asylum claim is successful the person claiming asylum will be recognised as a refugee, or they may be granted humanitarian protection. In both cases, an individual is given permission to live in the UK for 5 years before they can settle. In some cases, where there are potential human rights breaches, permission to remain may be granted on the 10-year route to settlement. A right of appeal should be given if not recognised as a refugee, or granted any other form of permission to stay in the UK.

Most asylum-seekers have a right of appeal to the First-Tier Tribunal if their claim is refused. Strict time limits apply to immigration appeals. Asylum seekers 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. These applicants may only be allowed to make an appeal after they have been removed from the UK. It is possible to challenge decision to remove to a third country, or a clearly unfounded certificate.

Work we do In Immigration

Separator-Image-Blue

We are specialist immigration solicitors based in Nottingham and Rochdale, Greater Manchester who offer experrt advice and help in all matters relating to UK Immigration Law.

Free Consultation

If you have questions or wish to book a free consultation? Contact us today, we’re here to help.