Asylum Process Summary
Birmingham Head Teachers Workshop
Date: 22 May 2017
Prepared by: Gintare Pepolyte
Asylum Process Summary
Birmingham Head Teachers Workshop
Contents
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Background Information
Terminology: Asylum Seeker or Refugee?
Summary of the Asylum Claim Process
Asylum Seeking Families
Unaccompanied Asylum Seeking Children
Disputed Age cases
More Information and Useful Contacts
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Asylum Process Summary
Background Information
Statistics (2016)
Immigration Statistics (October to December 2016)
• Asylum applications in the UK from main applicants
decreased by 7% to 30,603 in the year 2016, the first annual
fall in asylum applications since 2010 (17,916). Numbers of
asylum applications in the last two quarters of 2016 (7,146 in
July to September and 7,419 in October to December) were
considerably lower than in the same two quarters of 2015
(10,231 in July to September and 10,196 in October to
December).
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Asylum Process Summary
Background Information (cont.)
Statistics (2016)
Top nationalities in 2016 (number of applications):
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Asylum Process Summary
Background Information (cont.)
Statistics (2016)
• Most applications for asylum are made by people already in the
country (87% of applications in 2016) rather than immediately on
arrival in the UK at a port.
• There were 1,591 grants of asylum or an alternative form of
protection to Syrian main applicants at initial decision in 2016. The
grant rate for Syrian applicants was 86%, but some of those not
granted will have been transferred to have their case assessed by
another EU member state, and other applicants may have been
found not to be Syrian following investigation. An additional 4,369
Syrian nationals (including dependants) were granted humanitarian
protection under the Syrian Vulnerable Persons Resettlement
Scheme (VPRS) 2016. Since this scheme began in 2014, a total of
5,706 people have been resettled.
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Asylum Process Summary
Background Information (cont.)
Statistics (2016)
• Including dependants, the UK had the sixth highest number
(39,000) of asylum applications within the EU in 2016. Germany
(692,000), Italy (117,000) and France (83,000) were the 3 EU
countries that received the highest number of asylum applications,
together accounting for 75% of asylum applications in the EU in
that period.
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Asylum Process Summary
Terminology: Asylum Seeker or Refugee?
Asylum Seeker
• Asylum Seeker is a person, who has claimed asylum but their
case has not been decided yet and is being processed. The
term ‘asylum seeker’ is used for a person who is at any stage of
their asylum claim, i.e. from the point where they express their
wish to claim asylum, until their case is decided.
• This person has no leave to remain in the UK, however is
allowed to remain in the UK until their case is decided or the
appeal process is concluded.
• The applicant can also apply for voluntary departure before their
case is concluded or during the appeal process in order to
return to their home country, however, they cannot leave the UK
and then return until the case has been decided, for example
they cannot go on holidays abroad and then return.
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Asylum Process Summary
Terminology: Asylum Seeker or Refugee? (cont.)
Refugee
• According to the 1951 Convention Relating to the
Status of Refugees ‘refugee’ is…
‘…someone who is unable or unwilling to return to
their country of origin owing to a well-founded fear of
being persecuted for reasons of race, religion,
nationality, membership of a particular social group, or
political opinion.’
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Asylum Process Summary
Terminology: Asylum Seeker or Refugee? (cont.)
Refugee
• Refugee is a person who has been granted asylum
and leave to remain for 5 years on the basis of a
Convention reason.
• The person might also be granted humanitarian
protection and leave to remain for 5 years, however,
this person is not a refugee, as well as persons
granted discretionary leave, leave on the basis of their
private or family life, or temporary leave as an
unaccompanied asylum seeking child (UASC).
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Asylum Process Summary
Summary of the Asylum Claim Process
Screening Interview
• A person should apply for asylum as soon as they arrive in the UK
(usually at the UK border) or as soon as they think it would be unsafe
for them to return to their own country (while in the UK).
• Screening interview – a short interview completed by an immigration
officer either at the point of registering asylum claim or as soon as
practicable (for example children, who are taken into the care of the
local authorities might have their screening interview at a later stage).
• During this interview the applicant is required to provide any identity
documents (if held), will have their fingerprints taken, will be asked
questions about their identity, background and briefly about the
reasons for claiming asylum. The applicant may also submit any
documentary evidence in support of their claim at this stage. Screening
interview is completed with the help of an interpreter if the applicant
requires one.
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
Screening Interview
• Some of the applicants might be detained following the screening
interview to wait for their case to be decided, however, the following
categories of applicants will not usually be detained:
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children
elderly
families with children
pregnant
accepted as being victims of trafficking
able to provide independent evidence of torture
suffering from a mental or physical condition that cannot be
managed, or presents a risk to others in an immigration removal
centre
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
After the Screening Interview
• After the screening interview the applicant will wait for an
asylum interview to be scheduled. During this time the applicant
may be required to report regularly. The applicant will get a letter
with the details of their asylum interview date, time and location.
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
Asylum Interview
• Asylum interview is a substantive interview, where the claimant
tells about their reasons for claiming asylum in detail and
explains what has happened to them/their family. If the applicant
requires one, a Home Office interpreter will be provided for the
interview. Applicant’s legal representative and interpreter may
also attend.
• The asylum interview is arranged as soon as possible following
the screening interview. In family cases, usually only the main
applicant is interviewed, however if the dependants also need to
be interviewed, the applicant will be informed in the invitation
letter. The dependants do not have to attend unless stated
otherwise. At the end of the interview the applicant receives a
copy of their interview record.
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
After the Asylum Interview
• Following the asylum interview the applicant might be requested
to provide additional evidence and given some time for that.
• The application will usually be decided within 6 months from
registering the claim. It may take longer if it is complicated, for
example:
– supporting documents need to be verified
– the applicant needs to attend more interviews
– applicant’s personal circumstances need to be checked, for
example in cases where they have a criminal conviction or
are being prosecuted at the time
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
Possible Case Outcomes
Possible asylum claim outcomes:
1. Permission to stay as a refugee (Grant of Asylum)
The main applicant and their dependants may be given permission
to stay in the UK for 5 years if they qualify for asylum. This is known
as ‘leave to remain’.
2. Permission to stay for humanitarian reasons (Humanitarian
Protection)
The applicant may get permission to stay for humanitarian reasons if
they do not qualify for asylum. This means they need to stay in the
UK for their protection.
The main applicant and their dependants may be given permission to
stay in the UK for 5 years. This is known as ‘leave to enter’ or ‘leave
to remain’.
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
Possible Case Outcomes
3.
Permission to stay for other reasons
(Family/Private/Discretionary Leave or UASC leave)
The applicant may get permission to stay for other reasons if they do
not qualify for permission to stay as a refugee or for humanitarian
reasons.
How long they can stay will depend on their situation.
4.
No reason to stay (Outright refusal)
The applicant will be asked to leave the UK if they do not qualify for
asylum and it has been decided there is no other reason for them to
stay.
They may be able to appeal against the decision.
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Asylum Process Summary
Summary of the Asylum Claim Process (cont.)
Possible Case Outcomes
• They will have to leave if they do not appeal in the time allowed,
or if their appeal is unsuccessful. They can:
– leave voluntarily by themselves – they can get help with
returning home;
– be forced to leave – they will receive a letter before this
happens, and then they may be detained without warning at
an immigration removal centre and removed from the UK.
• Applicants do not have to leave the UK until their appeal has
been determined.
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Asylum Process Summary
Asylum Seeking Families
• Similarly to single applicants, families might seek asylum at the time of
arrival in the UK (at the UK border) or whilst in the UK by making an
appointment with the Home Office. Typically, the lead family member is
registered as the ‘main applicant’ and their family members are
registered as ‘dependants’ on their claim. Dependants can only be
registered if they are in the UK together with the main applicant.
• Screening Interview, during which the asylum claim is registered, must
be attended by all family members, while asylum interview is normally
conducted with the main applicant only.
• Main applicant’s children under the age of 18 and/or their partner can
also make their own applications at the same time, but they will not be
treated as the dependants of the main applicant.
• Children of the main applicant aged 18 and over cannot be
dependants and have to claim asylum in their own right.
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Asylum Process Summary
Unaccompanied Asylum Seeking Children (UASC)
Summary of process following the initial claim
• An unaccompanied asylum seeking child (UASC) is a person under 18, or
who, in the absence of documentary evidence establishing age, appears
to be under that age, and is applying for asylum in his or her own right and
has no relative or guardian in the United Kingdom.
• UASC’s are referred to the local authorities as soon as they approach or
are apprehended by the Home Office/police and there is a reasonable
degree of likelihood that the person is a minor. Unless there is certainty
among the local authorities that the person is significantly over 18 years of
age, the local authorities then take them into their care.
• The local authorities place the child with foster carers, or in a semiindependent accommodation depending on the age and individual needs
of the minor.
• The age assessment is then conducted by the local authority to assess
whether to accept the applicant’s claimed date of birth. This age
assessment is also passed to the Home Office to inform of the outcome.
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Asylum Process Summary
UASC (cont.)
Summary of process following the initial claim
• Those who are assessed to be minors continue to get support of social
services with whom the child is placed. This includes registering with a
doctor, school, accommodation, emotional and financial support.
• With regards to the asylum claim, minors are normally entitled to legal
aid, meaning they receive free legal advice. The Home Office issue a
Statement of Evidence Form (SEF) prior to the asylum interview, which
the minor completes with the help of their legal representative and
interpreter (if required). This statement contains questions for the
Home Office to gather more information about their background, family,
journey and reasons for claiming asylum and why they fear returning to
their own country. Once this form is received, applicants aged 12 and
above are invited to attend their asylum interview, though they must be
accompanied by a responsible adult to ensure best interest of the child
throughout the interview.
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Asylum Process Summary
UASC (cont.)
UASC Leave
UASC leave
• In cases where a UASC’s, whose age at the time of the decision
is under 17.5 years, asylum claim is refused, and the Home
Office are not satisfied that there are reasonable reception
arrangements in place for the minor to return to their home
country, an applicant might qualify for temporary leave to remain
in the UK until they turn 17.5 years old.
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Asylum Process Summary
UASC (cont.)
Age disputes
• Unless the person claiming to be a minor is significantly over 18,
they are referred to the local authorities to be taken into their
care and allowing for the local authorities to conduct a Mertoncompliant age assessment.
• The Home Office normally follows the assessment made by the
local authorities.
• If the applicant is assessed to be over 18 by the local
authorities, then they are discharged from their care. The
applicants can dispute the outcome of the age assessment with
the help of their legal representatives. If unchallenged, the
Home Office follow the assessment provided by the competent
local authorities and treat the applicant as an adult.
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Asylum Process Summary
More Information and Useful Contacts
More Information:
– Asylum process overview:
https://www.gov.uk/claim-asylum/overview
– Immigration statistics, October to December 2016, Asylum:
https://www.gov.uk/government/publications/immigration-statisticsoctober-to-december2016/asylumhttps://www.gov.uk/government/publications/immigrationstatistics-october-to-december-2016/asylum
– Asylum Helplines:
https://www.gov.uk/asylum-helplines
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Asylum Process Summary
More Information and Useful Contacts (cont.)
Useful Contacts:
– Asylum screening unit appointments line
Telephone: 0208 196 4524
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
– Refugee Action:
http://www.refugee-action.org.uk/
General enquiries:
0207 952 1511
[email protected]
– Asylum Help:
http://asylumhelpuk.org/
Enquiries:
0808 8000 630 (English)
List of contact numbers for persons speaking other languages:
http://asylumhelpuk.org/contact-us/
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