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Sun 23 November 2014
30 Muharram 1436 AH  

Introduction
International & EU conventions
UK Legislation
The Application Process
Misuse of the Asylum Process?
Detention, Dispersal and the moral voice
Asylum & Children
A timeline of refugee arrivals in the UK
Pull & Push Factors
Statistics
Asylum & anti-Muslim rhetoric
Glossary
Links

Comments and suggestions, please email info@salaam.co.uk


Asylum

Step 1

Asylum Seeker reports to Immigration Authorities

Application made for asylum by adult or unaccompanied child

-To an immigration officer at a port of entry in the UK

-To an asylum caseworker in the Immigration & Nationality Directorate -IND (in-country application)




Step 2

Initial application processing

Applicant & dependents fingerprinted and issued with identification papers - biometric card containing the bearer's fingerprint issued.
The applicant is handed the 'Statement of Evidence Form' (SEF) - comprising 19 A4 pages and about 120 questions to be completed in 14 days in English

 

 







 

Applicant is incarcerated in an immigration removal centre (Haslar in Hampshire, Harmondsworth, Yarl's Wood, Dungavel)
Fast-track applicants sent to Oakington Detention Centre
All other applicants allocated to an accomodation centre; dispersal is on a 'no-choice' basis; asylum support is provided by the National Asylum Support Service NASS




Step 3


Asylum interview

Application is examined, based on the completed SEF, in-country assessment reports, and any further information provided by the applicant

In 2001, the Home Office granted 31% of initial asylum applications with refugee status or exceptional leave to remain.












 

 


 

An asylum seeker who is recognised as a refugee is granted indefinite leave to remain in the UK. The refugee is entitled to a travel document and to family reunion.
Applicants who are refused asylum may be granted 'exceptional leave to remain'. This is a discretionary grant of of leave made by the Home Secretary allowing a person to stay in the UK for a limited period of time.
Failed applicant is incarcerated pending removal to another EU country or other 'safe third country'
Failed applicant permitted to appeal under (i) the Immigration and Asylum Act 1999, or (ii) if removal is required for reasons of national security/public interest, under the Special Immigration Appeals Commission Act 1997.





Step 4

Hearing before the Immigration Adjudicators (IAA)

Adjudicators are drawn from qualified Solicitors and Barristers.The adjudicators are independent of the Home office and hear the whole case. Home office is also represented during the hearing. The applicant can seek legal representation.

 

 







 

Appeal allowed - asylum seeker recognised as refugee or granted exceptional leave to remain.
Appeal rejected - asylum seeker applies for leave to appeal further to IAA tribunal.
Appeal rejected - asylum seeker seeks reconsideration by Home Office. Once an appeal is 'certified' - this is done when the Home Secretary decides to refuse asylum - and if the adjudicator agrees with this decision, there is no further right of appeal to the IAA tribunal.


Step 5

Hearing before the Immigration Appellate Authority (IAA) Tribunal

The Immigration Appeal Tribunal is an independent judicial body that reviews the decisions made by adjudicators. At the hearing, the appellant’s representative and the representative for the Home Office make submissions to the Tribunal about the appeal. The Tribunal then decide the appeal.

 

 



 

 

 

Appeal dismissed - asylum seeker deported
Appeal dismissed - leave of appeal granted
Appeal allowed - asylum seeker recognised as refugee or granted 'exceptional' leave to remain


Step 6

Hearing before the Court of Appeal

If the Tribunal dismisses an appeal the Court of Appeal is the next level of appeal for an asylum seeker. Very few appeals reach this level which is normally reserved for deciding important issues of law.

The Refugee Council in the UK estimates that taking into account applicants who are succesful at different appeals and when the Home Office overturned its own initial decision the total number of sucessful applicants was as high as 51%.

 



 

 

 

Appeal dismissed - asylum seeker deported
Appeal dismissed - leave of appeal to House of Lords granted
Appeal allowed - asylum seeker recognised as refugee or granted 'exceptional' leave to remain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Legislation

 












 


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