Asylum & Human Rights
The law relating to asylum is governed by the UN Convention Relating to the Status of Refugees (the Refugee Convention). Those who seek asylum in the UK are recognised as refugees if they can show that they have a well founded fear of persecution in their home country for reasons of their race, religion, nationality, membership of a particular social group or political opinion.
From 2nd October 2000 rights under the European Convention on Human Rights (ECHR) have been incorporated into UK law by the Human Rights Act 1998. This has expanded the basis upon which an individual could be allowed to remain in the UK for protection and humanitarian reasons. Article 3 of the ECHR prevents someone from being returned to a country where there is a real risk they will be exposed to torture, or inhuman or degrading treatment or punishment. Article 8 of the ECHR prevents someone from being removed from the UK if their removal would result in a very serious and unjustified interference with their family or private life.
Asylum and human rights are complex areas of law and legal representation is essential to obtain a successful outcome. If you are already in the UK you need to apply to the Home Office for asylum and you should do this as soon as possible. However, you must get legal advice first: the asylum system is complex and you may find your claim is dealt with very quickly and you may even be detained while it is considered. You need to be ready to explain in detail why you are a refugee and you will need legal assistance to do that well.
A majority of applications are refused at the initial application stage by the Home Office and, if you have the right of appeal, it is necessary to lodge an appeal which is heard initially by an Immigration Judge. Any appeal has to be submitted within strict deadlines. If you do not appeal in time you may lose the right to appeal.
If you are successful in your asylum claim, then you will be granted refugee status and five years leave to remain in the UK. It also carries with it the right to apply for the issue of a UN Convention Travel Document and to apply for Family Reunion with a pre-existing partner and minor dependent children.
If you are successful in your human rights claim under Article 3 of the ECHR, then you will be granted Humanitarian Protection and five years leave to remain in the UK. It also carries with it the right to apply for Family Reunion with a pre-existing partner and minor dependent children.
If you are successful in your human rights claim under Article 8 of the ECHR, then you will be granted Discretionary Leave to remain in the UK, usually for a period of two years. There is no right to apply for Family Reunion.
