Our experienced immigration lawyers have years of experience dealing with appeals and applications in asylum, human rights and deportation cases.
We undertake all cases in asylum, human rights and deportation fields. 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.
Asylum Law is an area of immigration law that requires both specialist knowledge and commitment. It requires in-depth knowledge of UK, European and International Law.
Note if you claimed asylum before March 2007 you could have a very strong Legacy case under the legacy exercise. Please contact our specialist immigration lawyers for more details.
An asylum seeker is someone who is seeking asylum in the United Kingdom. They become refugees if they are recognised as such by the Home Office or if they are successful after an appeal to an Immigration Judge.
What does an asylum seeker need to prove to become a recognised refugee?
They have to have a well founded fear of persecution for reasons of their race, religion, nationality, membership of a social group or political opinion.
Although the above answer is short, the actual reality is much more complex and difficult.
Our experience tells us that asylum seekers need the following to become successful:
(a) They need to be believed in their story by the Home Office or an Immigration Judge. If an asylum seeker is thought not to be telling the truth then it becomes almost impossible to become recognized as a refugee. Our specialist lawyers are on hand to ensure that clients are believed in their accounts by providing high quality advice on oral and documentary evidence.
(b) They need to be able to show that, if believed, they are at risk of serious harm or death if returned to their home country. This is usually proved by careful knowledge of the available material on the country of origin. Our experienced immigration lawyers will be able to advise on the latest country guidance cases from the Asylum and Immigration Tribunal, the latest information and reports from reputable NGO sources such as Amnesty International and the United Nations Commissioner for Refugees. They can also advise when an expert report needs to be obtained from leading country expert.
(c) They need to show that they are not going to be protected from the danger from the authorities in their country of origin. This will not usually be a concern where it is the government itself is the source of the persecution or where there is no functioning government in place.
(d) They need to prove that there is nowhere safe within the country of origin that they can go, if there is then the Home Office may suggest this amounts to an option that the asylum seeker should use (known as the “Internal Flight Option” or “Internal Relocation Option”). Again, this will not usually be a concern where it is the government itself is the source of the persecution or where there is no functioning government in place.
(e) They have done nothing to suggest that they do not deserve the protection of the Refugee Convention. This is usually suggested by the Home Office as a result of criminal convictions in the United Kingdom or as a result of serious war crimes or crimes against humanity committed in the country of origin.
Although most applications for asylum are refused by the Home Office, despite this high quality legal representation is essential at this stage.
Immigration Appeals before Immigration Judges can be strengthened with care during the application process. Errors made during the application process will often be used by the Home Office during the appeal.
If refugee status is achieved, and the asylum seeker is recognised as a refugee, then the right to apply for the issue of a Convention Travel Document will be gained, Recognised refugees also have the right to apply to be joined in the United Kingdom (“Family Reunion”) by a pre-existing partner and minor dependent children.
He will, after some time resident in the United Kingdom qualify for Indefinite Leave.
You may contact us for further information to your case. Amongst London’s immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
16 Hanover Square, Mayfair
0207 1184 546
© 2015 Westkin – London Immigration Lawyers
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