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Community Legal Advice Information Leaflet 8 Feb 08 Claiming Asylum Your rights if you are a refugee A free and confidential service paid for by legal aid 0845 345 4 345 www.communitylegaladvice.org.uk

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A resource for refugees in the UK

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Page 1: Refugee Rights

Community Legal Advice Information Leaflet 8 Feb 08

Claiming AsylumYour rights if you are a refugee

A free and confidential service paid for by legal aid

0845 345 4 345 www.communitylegaladvice.org.uk

Page 2: Refugee Rights

This leaflet explains the main things asylum seekers need to know. What

happens to you will depend on your exact circumstances and which

procedure the UK government uses. You should get expert advice about

your case as soon as you can. See ‘Further help’ on page 18 for details of

where to get this advice.

� Who qualifies for asylum? 3

� How do I apply for asylum? 5

� What happens when I apply? 5

� What can I live on while I am waiting? 10

� What happens while I'm waiting? 12

� Where can I get help with my claim? 14

� What will be the outcome of my claim? 15

� What if my claim is refused? 16

� What happens if my appeals fail? 17

The leaflets in this series give you an outline of your legal rights. They are not a complete guide

to the law and are not intended to be a guide to how the law will apply to you or any specific

situation. The leaflets are regularly updated but the law and the way the government deals with

asylum seekers often change, so information may be incorrect or out of date.

If you have a problem, you will need to get more information or personal advice to work out

the best way to solve it. See 'Further help' on page 00 for sources of information and advice.

Page 3: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 3

Who qualifies for asylum?

Qualifying for asylum depends on

whether you are a refugee, as

described in the United Nations

1951 Refugee Convention. It says a

refugee is someone who is outside

their country of origin because of a

well-founded fear of persecution for

one of five reasons:

� race;

� religion;

� nationality;

� membership of a particular social

group; or

� political opinion.

A refugee must show they are in real

danger and need protection for one

of these reasons. This is often

difficult, and many legal questions

arise in most asylum applications. It

is vital to get specialist help.

The Refugee Convention says you

can’t be sent back to a country

where you could be at risk of

persecution. This means the UK

government can’t send you back to

your country of origin until it can

show that there is little or no risk to

your safety. You can stay in this

country until your case has been

decided by the immigration

authorities (the Border and

Immigration Agency, which is part of

the Home Office).

However, this rule applies only to the

question of returning you to a

country where you would be at risk.

So you could be sent back to another

safe country without your claim

being considered (see ‘Where you

came from’ on page 7).

In most cases you will be able to stay

while you appeal against a decision

to refuse you asylum. But this may

depend on the reasons for your claim

and where you have come from.

If it looks as though you would be at

risk only in a certain part of your

country, the Home Office may refuse

you asylum because you could return

and live in another part of your

country.

Asylum is meant to protect you from

possible future risks, not just from

what has happened in the past. So

you may be refused if the Home

Office believes that circumstances

have changed in your country, and

you would no longer be at risk.

It’s often difficult to prove that you

would definitely be at risk. You need

to show that being persecuted would

be a ‘serious possibility’.

Page 4: Refugee Rights

4 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Who isn’t covered

The Convention says that certain

types of people shouldn’t qualify for

asylum. These include people who

have been involved in serious

criminal activity, or who are

responsible for human rights abuse.

There are also ‘cessation clauses’,

which say that you could lose your

refugee status later if, for example:

� circumstances in your home

country improve significantly by

the time the Home Office makes a

decision; or

� you return to your own country

after becoming a refugee.

If this happens you may stop being a

refugee, but you won’t necessarily

have to leave the UK.

Special cases

Certain kinds of claim are more

complicated than others. The law can

be very difficult to apply when:

� you claim a fear of being

persecuted by someone other than

government forces;

� you are fleeing from a civil war; or

� in most cases, you claim a fear of

being persecuted because of

‘membership of a particular social

group’.

If your claim is in any of these

categories, you need expert advice.

Human rights claims

It’s also possible to make a claim for

asylum based directly on Article 3 of

the European Convention on Human

Rights. This prohibits torture or

inhuman or degrading treatment. The

UK Government would be breaching

the Human Rights Act if it sent

someone back to a country where

they would face such a risk.

Unlike applications under the

Refugee Convention, you don’t have

to show any particular reason for the

inhuman treatment, or show who is

to blame. If you can show you risk

treatment prohibited under Article 3,

the UK government must allow you

to stay, and will normally grant you

‘humanitarian protection’ (see ‘What

will be the outcome of my claim?’ on

page 15).

You may also be able to claim that

removing you from the UK would

breach other human rights, such as

the right to respect for your family or

private life. It is often difficult to win

a case with these arguments. If you

think you may want to make this

type of claim, you should discuss it

with your legal representative as

soon as possible.

4 Claiming Asylum: Your rights if you are a refugee

Page 5: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 5

How do I apply for asylum?

You must claim either:

� to the immigration officer on duty

at an airport or seaport when you

first arrive; or

� at the Home Office Asylum

Screening Unit in Croydon or

Liverpool if you are already in the

UK.

You should normally apply:

� when you first arrive at a UK port;

or

� if you are already here lawfully (as

a student, for example), when the

reasons for your fear of being

persecuted in your country first

arise.

Many people delay because it gives

them time to meet friends and

family, or to find a legal

representative. However, if you do

not apply as soon as you can, the

authorities will doubt your reasons

for applying. Also, you may get

support only if you apply as soon as

you can (see ‘What can I live on

while I am waiting?’ on page 10), and

the authorities may be more likely to

detain you (hold you at a detention

centre) if you do not.

What happens when I apply?

You go through several stages, and

several things will happen to you

while your application is being dealt

with. Not all applicants go through

the same procedure.

If you try to use a passport that is

not yours, you can be prosecuted and

can be sent to prison. If you have a

passport that is not yours, you must

get legal advice to help you.

You may be entitled to free legal

advice for help with your asylum

application. However, this won’t

normally allow for a legal

representative (a lawyer or solicitor)

to come to your interviews. This will

happen only if:

� you are under 18;

� you suffer from a serious mental

illness;

� you are detained (held) as part of

the ‘fast-track’ process (see ‘Fast-

track cases’ on page 9);

� the authorities believe you may

have committed a crime; or

� the authorities believe you may be

a threat to national security.

The first interview

The first stage involves an interview,

called a screening interview. This is to

Page 6: Refugee Rights

get a record of your personal details

and how you arrived in the UK. It is

partly to check whether you can be

returned quickly to a ‘safe third

country’ (see ‘Where you came from’

on page 7), instead of the UK dealing

with your application. It is also to

check whether you have the passport

or document on which you travelled

to the UK.

This screening interview will usually

happen as soon as you apply for

asylum, but it may happen later if

the authorities need to find an

interpreter for you or if you are

unwell.

If there are people you can contact in

the UK, you should insist that you

are allowed to call them before the

interview. You have the right to

contact a relative, a friend, an advice

service, or a lawyer. You should also

make sure you understand any

interpreter well.

At a screening interview, you should

not be asked detailed questions about

why you are making your claim.

You should make sure you are given a

copy of the interview record.

At this interview you may be told

you are going to be detained while

your case is considered, and sent to a

detention centre (see ‘Fast-track

cases’ on page 9).

Identity documents

Immigration officers will take your

fingerprints, and will check these to

see if you have applied before to this

country or to other countries in

Europe. They may decide not to take

fingerprints of children (particularly

children under 12). They will take

photographs of everyone applying for

asylum, including children. They will

then give you an identity card with

your photo on it. This card, the

Asylum Registration Card (ARC), is

important, because it will usually be

your only proof of identity and of

your right to be in the UK. The

immigration authorities will hold on

to any other documents you have

brought with you.

You should check that the details on

the ARC are correct. However, the

ARC will also contain information

that can be seen only with special

equipment.

After your screening interview

After the screening interview you will

be told to report to an immigration

office, usually about two days later.

There you will meet the official who

will deal with your case, and arrange

for you to receive financial help if

you need it (see ‘What can I live on

while I’m waiting?’ on page 10), and

help you find a place to stay (see

6 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 7: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 7

‘Where you will be housed’ on page

10).

The official, called the case owner,

will also tell you where you must go

to report while your case is being

dealt with, and how often you should

attend. It is important that you keep

to these conditions, because you can

be arrested and detained if you do

not.

Your asylum interview

You will be told when you should

come back for your full interview. At

this interview you will be asked

detailed questions about why you are

claiming asylum. This is your

opportunity to give all the reasons

why you believe you should be

allowed to stay in the UK, and why

you feel you would not be safe if

sent back to your own country.

It is very important that you are able

to explain everything the Home

Office needs to consider. If you have

any papers or other evidence that

supports what you are saying, you

should give it to the case owner

when you are interviewed.

If you add or change anything later

without giving a good reason, the

Home Office may not believe what

you say, and may refuse your asylum

claim. So you should make sure you

understand the questions and receive

a copy of the interview notes. If a

solicitor cannot come to your

interview (see ‘What happens when I

apply?’ on page 5) you can ask for

the interview to be tape recorded.

Make sure you receive a copy of the

tape at the end of the interview.

It is often difficult to know

everything that may help your case.

You should always try to get expert

advice as soon as possible (see

‘Where can I get help with my

claim?’ on page 14).

Children on their own will be

interviewed only if they are over 12

years old, and then only if they have

someone to legally represent them. If

they do not have someone to

represent them, the Home Office will

put them in touch with someone

who can do so.

Where you came from

As an asylum seeker, you can’t be

sent back to any country where you

may face a risk of being persecuted.

Your application must be considered.

You can be returned to your home

country only if your application is

refused. However, if you passed

through another country, even for a

very short time, the Home Office

may try to return you there if it is a

‘safe third country’. If it does this, it

Page 8: Refugee Rights

will not look at your asylum

application – you will be expected to

apply for asylum in that country.

If the ‘third country’ is on the Home

Office’s lists of safe countries, your

asylum claim may be refused, and

you may not be able to appeal before

you are sent back there. The lists

include most countries in Europe, and

Canada and the USA. If the Home

Office decides to return you to a safe

country, you can appeal in the UK

only for the reason that making you

leave would breach your human

rights in this country. But this will be

difficult to prove and you will need

expert legal advice very quickly if you

want to challenge a decision of this

sort.

Detention

Unless you already have permission

to stay in the UK when you apply,

you can be detained (held) at an

immigration detention centre. You

are most likely to be detained if:

� there’s a chance you could be

returned quickly to a safe third

country;

� you have travelled here on false

documents and did not admit this

when you first arrived;

� you arrive after destroying your

passport;

� you are caught using false

documents later on; or

� the Home Office thinks your claim

can be decided quickly (see

‘Clearly unfounded cases’ below.

If you are detained, you have the

right to:

� ask to be released on ‘temporary

admission’ (see ‘What happens

while I’m waiting?’ on page 12); or

� apply for release on bail after you

have been in the UK for seven

days. ‘Bail’ means you agree to pay

(or have someone else pay) the

court a sum of money if you do

not report back when you are told

to.

If you are detained, immigration

officers must tell you why, in writing.

They must also give you regular

notices to explain why they think

you should stay in detention.

Instead of being detained, you may

be released on certain conditions,

such as having to wear an electronic

tag (see ‘What happens while I’m

waiting?’ on page 12).

Clearly unfounded cases

If the Home Office thinks your

application is ‘clearly unfounded’, you

are likely to be detained when you

apply. In many cases, this will be

because the Home Office believes

8 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 9: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 9

that the country you come from is

safe, so you wouldn’t normally need

asylum. It may also be because the

Home Office does not believe that

you really face a risk of being

persecuted, even if you say you do.

If the authorities think your

application is clearly unfounded, they

will probably send you to an

immigration detention centre as

soon as you apply. Your case will be

decided very quickly while you are

detained. Some centres have legal

advisers available to help you with

your case. You can choose to get free

legal help from a different adviser if:

� the first legal adviser you meet

refers your case to them; or

� you have your own adviser, who

has been helping you or your close

family for some time.

‘Fast-track’ cases

There are two different arrangements

for dealing with cases of people who

are detained. Both are called ‘fast-

track’ schemes because the process is

completed very quickly.

In the faster of these, sometimes

called the ‘super fast-track’, you are

detained for a week while your case

is decided. If your application is

refused, you stay in detention for

another week while your appeal is

heard. Some centres have legal

advisers available to help you with

your case.

Because these cases are dealt with so

quickly, it can be difficult to get hold

of information or evidence to show

you are a refugee. You must be sure

to tell your legal adviser, as soon as

possible, everything you think may

help your case.

If your case is dealt with under the

other fast-track scheme and the

Home Office refuses your

application, you may not be allowed

to stay in the UK for your appeal. You

can be sent back to your own

country, and your appeal will carry

on after you have left. This is called a

‘non-suspensive appeal’.

The Home Office publishes a list of

countries whose citizens are likely to

be refused permission to stay here

while they appeal. However, you may

also be refused permission if you are

from a country not on the list and

the Home Office feels that your case

is unfounded.

Your case should not be treated

under these fast-track arrangements

if the Home Office feels it is a

complicated or serious one that

cannot be decided quickly. You should

not be detained if you:

� are ill and need care;

Page 10: Refugee Rights

� have evidence that you have been

tortured; or

� are under 18.

What can I live on while I am

waiting?

If you have no money, you can usually

claim support while your case is

considered. This scheme is run by the

National Asylum Support Service

(NASS). Children who are applying on

their own are dealt with differently –

they get support from local councils.

The Home Office may refuse you

support if it thinks you have not

applied for asylum as soon as you

should have. If you are refused support

for this reason, you will not be able to

appeal against the decision, but you

should get advice as soon as possible.

Applying for support

If you are allowed to claim support,

you will have to fill in a long form in

English. You should be able to get

help with the form wherever you are

staying in the UK. You can get this

help from organisations that run

‘one-stop services’. You can get their

details from the Home Office when

you get the form, or from any local

refugee support agency.

You can apply for accommodation

(housing), financial support (money),

or both. You will be given support

only if you are ‘destitute’ (have no

money). If you have any money or

NASS believes you can get some, you

will have to live on that before it will

give you support.

If you are refused support, or if your

support is taken away before your

asylum application has been finally

decided, you can appeal to the

independent asylum support

adjudicators. You will be given an

appeal form if you are refused support.

You can get free legal help to prepare

your appeal (see ‘Further help’ on page

18) but not to represent you at the

hearing. However, there may be a legal

representative who can help you free

of charge when you go to the hearing.

What you can get

Support will be paid to you in the

form of vouchers that you can

exchange for cash at a post office. If

you or someone in your household

has medical or other special needs

that cost more than you can afford,

you should also claim for these needs.

Where you will be housed

If you are granted support and need

somewhere to live, you will first get

emergency housing, usually in a

10 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 11: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 11

hostel in London or Kent (south of

London). You will then be sent

(‘dispersed’) to another part of the

country, unless you have a good

reason to stay in London – for

example if you need special care

because you have been tortured.

Having close relatives in London

won’t generally be a good enough

reason.

If you are sent somewhere else, you

won’t have a choice of where you go.

Each part of the country has a ‘one-

stop service’ that should be able to

give you advice and help, and you

should be put in touch with it.

If you don’t want to be dispersed,

you will probably only be able to get

support, and not accommodation.

You’ll have to find somewhere to stay

yourself (with friends, for example).

When support stops

Your support can end in the

following ways:

� If you are recognised as a refugee

(granted asylum), given

humanitarian protection or given

discretionary leave (see ‘What will

be the outcome of my claim?’ on

page 15), you will have 28 days to

move out of your emergency

accommodation and find other

support. The one-stop service or

other local advice agency will help

you with that.

� If your asylum application is

refused, you will be given time to

lodge an appeal. You will carry on

getting support until your appeal

finishes, plus 21 days after that.

� If you leave or damage the

accommodation you have been

given, or if NASS believes you have

other money, you will no longer

get support.

‘Hard cases’

Sometimes it may not be possible for

you to return home, even after your

appeal has been refused. This may

happen if there are no flights to the

area so there is no way of returning

you, or if there is a war there and the

Home Office doesn’t think you

should return for the time being. If

this happens you should be allowed

to stay for a time, but because your

case has ended you will not be able

to claim support. You can apply for

some ‘discretionary’ help from NASS

instead. You might be told you have

to do some community work to

receive this support.

If your household includes children,

you can get support from your local

council. However, this may be

stopped if the Home Office thinks

Page 12: Refugee Rights

you are not helping with

arrangements to send you back to

your country, for example by not

making a proper application for a

passport from your embassy.

If you don’t have children or get help

from NASS, you may get help from

the council only if you have special

medical needs.

What happens while I’m waiting?

Most asylum seekers who apply as

soon as they arrive aren’t detained,

but are given temporary admission

instead. If you are given temporary

admission you must:

� report back to the immigration

authorities at a particular date and

time that you will be told about;

� live at a particular address; and

� not work.

You may also have to report regularly

to an immigration office to sign in, or

accept ‘electronic monitoring’ or

‘tagging’. This will usually mean

having to wear a special piece of

equipment that allows the Home

Office to check you are staying at a

specified address.

If you break the conditions for

temporary admission, you could be

detained. And if you don’t report

back when you are told to, you will

be treated as an ‘illegal entrant’. If

you move, you must tell the

immigration authorities straight

away.

The Home Office will send you an

appointment for an interview at the

address that is on your temporary

admission notice. If you don’t attend,

the Home Office will refuse your

application because of ‘non-

compliance’. You could lose your right

of appeal if notices don’t reach you

and you miss the time limit because

of this.

If you can’t get temporary

admission

If you can’t get temporary admission,

you will be detained, but you can

apply for bail after seven days. This

means you can leave the detention

centre as long as you can arrange to

pay a small sum of money to the

court if you break the conditions of

release. It will usually help if you

know one or two people who live in

the UK and who are willing to

guarantee that you will keep to any

conditions of the bail. These people

(also known as ‘sureties’) will be

asked to promise to pay the money if

you don’t report back when you are

told to. There is a separate booklet of

advice for people who are detained,

12 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 13: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 13

‘Challenging Legal Detention: A Best

Practice Guide’, which you should be

able to get from:

� the visitors’ group, which is a

group of volunteers who visit

people who are detained, and can

help put you in touch with

services outside; or

� the website of the charity Bail for

Immigration Detainees (see

‘Further help’ on page 18).

There may also be other conditions

of bail, similar to those for temporary

admission. You may have to go

regularly to a police station or

immigration office to sign in. If you

break these conditions, you may be

breaking the law, and your sureties

can lose the money they have

promised.

The cost of applying for bail will be

covered by publicly funded legal help,

if you qualify for it (see ‘Where can I

get help with my claim?’ on page

14). You should ask your legal

representative to apply for you.

You will not be allowed to work while

you are still an asylum seeker, unless

you have to wait for more than a

year before your case is decided.

Other rights

As an asylum seeker, you can get free

medical care, and you can register

with a local doctor to receive free

healthcare. In most areas, English-

language classes are available free of

charge, and you can take some other

further education courses too.

Very little money is available, apart

from your asylum support, but some

travel costs can be paid. These will

include fares to an interview with the

immigration authorities and to an

asylum appeal hearing. You should

ask for help with your fares if you

have to report to the police or at an

immigration office. But to get the

fares paid you need to tell NASS

about your appointment five or six

days before it takes place. You will

also have your fares paid if you are

sent to another part of the UK. The

one-stop service can help you with

these.

If you are getting publicly funded

legal help, you may get your travel

costs to go to an interview with your

legal representative.

Page 14: Refugee Rights

Where can I get help with my claim?

If you do not have enough money to

pay for legal help, you should be able

to get specialist advice free of charge.

This is available through solicitors

and voluntary organisations who

have a contract with the Legal

Services Commission. Two of the

larger organisations that can provide

advice are the Refugee Legal Centre

and the Immigration Advisory

Service. See ‘Further help’ on page 18

for how to contact them.

Also, free services are provided by

other organisations and some local

agencies, particularly law centres. The

one-stop service or a Citizens Advice

Bureau can help you find these,

though you may not be able to find a

legal adviser to help you

immediately.

If you have been detained and you

can’t get to any of these

organisations, you should try to

contact one by phone or speak to a

member of the visitors’ group.

Your adviser must tell you in writing:

� what service you can expect;

� who to complain to if you have

concerns about the advice service

or adviser;

� whether you will have to pay a

charge, and if so how it is worked

out; and

� how to contact them when you

need to.

It is against the law for organisations

to offer advice or help with asylum

cases unless they are solicitors or on

the register of the Office of the

Immigration Services Commissioner

(OISC). Anyone who offers advice

that isn’t free must always tell you

that free advice is also available.

Using interpreters

The immigration authorities will give

you an interpreter for any interview

they carry out. Your legal

representatives should also find an

interpreter for you when you see

them. If you do not understand an

interpreter, you must say so

immediately. It is very difficult to

correct mistakes later. Remember

that interpreters are meant to help

you to communicate, and should just

translate what is said, not give advice

or answer questions for you. You

should avoid using friends or family

members for all but the simplest

help.

14 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 15: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 15

What will be the outcome of my

claim?

If your claim is successful, you will

normally be given one of three

different types of status, as described

below.

Asylum

If your claim for refugee status is

accepted, you will be granted asylum

and given ‘leave to remain’ for five

years. If you are accepted in this way,

your husband or wife and any

children under 18 with you in this

country will also automatically be

accepted. If they are not here with

you, they will be allowed to come to

the UK. You are also entitled to get a

Convention (blue) travel document,

which allows you to travel freely to

all countries except your country of

origin.

You can work or study, and have the

same rights to receive benefits as

citizens do. You will be able to get a

loan to help you with the cost of

starting to settle in this country. You

will have to repay this loan gradually

from your benefits, or when you are

working.

After five years as a refugee you can

apply to stay here permanently

(‘indefinite leave to remain’). The

Home Office will examine your case

again, to see whether you still need

to be protected by staying in this

country; whether it would be safe for

you to go back to your own country;

and whether you have other ties

here. You will also need to pass tests

to show that you can speak some

English and have learned about life in

the United Kingdom. If you cannot

pass these tests but the Home Office

agree you should stay here, it will

probably give you another five years

to pass the tests. You can apply to

take the tests again whenever you

think you will pass.

Humanitarian protection

If you can’t show that you meet all

the conditions for refugee status, you

may be given ‘humanitarian

protection’. You should be given this

status if you would face serious harm

if you returned. This includes sending

you back where:

� your life would be in danger for

any reason;

� you would be at risk of torture or

inhuman or degrading treatment;

or

� you would personally be at risk of

serious violence (see ‘Human

rights claims’ on page 4).

Humanitarian protection lasts for five

years, and at the end you can apply

to stay here permanently if you

would still be at risk in your country.

Page 16: Refugee Rights

You will have to pass the same tests

of knowledge of the English language

and of life in the UK as people who

have asylum. People with

humanitarian protection generally

have fewer rights to travel and study

than refugees.

Discretionary leave

If the Home Office accepts there are

other reasons why it would be unfair

to make you leave the country, for

example because of your ill health or

for family reasons, you may be given

‘discretionary leave’. This will usually

be for only six or 12 months at a

time, and you will not normally be

allowed to stay permanently unless

your discretionary leave is renewed

for a total of six years.

You may also be given discretionary

leave if you might face torture if you

returned, but the Home Office thinks

you do not deserve asylum because

you have been involved in war crimes

or terrorism. In this case you will

have to wait at least 10 years before

you can apply to stay permanently.

What if my claim is refused?

If your asylum application is refused,

you will almost always be able to

appeal against the decision. But if

you want to make an appeal, you

need to get advice very quickly.

You must fill in and return your notice

of appeal within 10 working days of

the decision (less than this if you are in

detention).You must also give any

reasons that you or a family member

may have for being allowed to stay in

the UK (for example, if it would breach

your human rights if you were made to

leave).

You will be able to get publicly

funded legal help during the appeal

process if you:

� have no money to pay for advice;

and

� have a reasonable chance of

winning your case.

The Refugee Legal Centre or the

Immigration Advisory Service may

also be able to help with your appeal,

free of charge if you meet these

conditions. Their details are on the

appeal notice, as well on page 18 of

this leaflet. The appeals process may

take longer than the initial decision

and there may be more than one

appeal.

‘One-stop’ appeals

If you have any other reason why

you or any member of your family

should be permitted to stay here, you

16 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Page 17: Refugee Rights

ILPA February 2008 Claiming Asylum: Your rights if you are a refugee 17

need to mention these at the same

time as you ask for asylum. One of

the most common reasons is that it

will be against your human rights if

you are removed (see ‘Human rights

claims’ on page 4). But if you have

any other claim, for example for

medical treatment, or for other

family reasons, you must explain this

as well. Your appeal hearing will look

at all your circumstances, and if you

do not refer to something at the

time it will be difficult to raise it

later.

What happens if my appeals fail?

Remember that most asylum

applications in the UK are refused,

though some of these are successful

at appeal. If you are refused and you

lose an appeal, you will be expected

to leave the country, unless you are

allowed to stay here for other

reasons (for example, because you

have family in the UK).

The immigration authorities may try

to remove you forcibly if you don’t

go voluntarily. If you haven’t already

got a passport, they may give you a

notice telling you to co-operate with

attempts to get travel documents for

you. If you do not, you may be

prosecuted. Even if you are not

prosecuted, you may be detained,

possibly in prison.

Voluntary return

If things are getting better in your

country, you may be able to get

financial help to return there. Some

people can also get money to help

them resettle in their home country.

You should ask your legal adviser or

one-stop service for information

about these schemes.

Page 18: Refugee Rights

18 Claiming Asylum: Your rights if you are a refugee ILPA February 2008

Further help

Community Legal Advice A free, easy-to-use legal service to

help you solve your legal problems.

Call 0845 345 4 345 to speak to a

qualified legal adviser about welfare

benefits, debt or education, or find

local advice services for other

problems.

Log on at

www.communitylegaladvice.gov.uk to

search for a quality local legal adviser

or solicitor or find links to other

sources of online information and

help.

Amnesty Internationalphone: 020 7033 1500

www.amnesty.org.uk

Immigration Law Practitioners’Association (ILPA) For information on where to get help,

ask for or look up the Directory of

Members.

phone: 020 7251 8383

www.ilpa.org.uk

Immigration Advisory Servicephone: 020 7967 1200, 10am to 12

noon Monday to Friday

www.iasuk.org/

Law SocietyFor details of solicitors who can offer

legal representation in asylum cases.

phone: 0870 606 2555

www.solicitors-online.com

Office of the Immigration ServicesCommissioner (OISC)phone: 0845 000 0046

www.oisc.org.uk

Refugee Legal Centrephone: 020 7780 3200

www.refugee-legal-centre.org.uk

Bail for Immigration Detainees phone: 020 7247 3590

www.biduk.org

A leaflet ‘Legal advice for people who

are detained by the immigration

service’ has been produced by the

Law Society, Law Society of Scotland,

OISC, CLS Direct and ILPA, and

should be available through any of

these organisations.

Page 19: Refugee Rights

The Community Legal Service

The Community Legal Service has beenset up to help you find the right legalinformation and advice to solveyour problems.

You can get help through a nationalnetwork of organisations includingCitizens Advice Bureaux, Law Centres,many independent advice centres andthousands of high street solicitors. All ofthese services meet quality standards setby the Legal Services Commission. Lookfor the Community Legal Service logo,shown below.

Many of the organisations offer someor all of their services for free. If youcannot afford to pay for advice you maybe eligible for financial support throughthe Community Legal Service Fund(Legal Aid). You can order leaflets aboutfunding from the LSC leaflet line on0845 3000 343. You can also use a LegalAid eligibility calculator on the website:www.communitylegaladvice.org.uk.

The Legal Services Commission (LSC)

The Community Legal Service and theCommunity Legal Service Fund aremanaged by the Legal ServicesCommission. To find out more aboutus visit our website atwww.legalservices.gov.uk or find thedetails for your local Legal ServicesCommission office in the phone book.

Page 20: Refugee Rights

The leaflets are also available online at: www.communitylegaladvice.org.uk

This leaflet was written in association with the ImmigrationLaw Practitioners Association and Mick Chatwin, abarrister and solicitor specialising in immigration law.

1 Dealing with Debt

2 Employment

3 Divorce and Separation

4 Renting and Letting

5 Buying and Selling Property

6 Losing your Home

7 The Human Rights Act

8 Claiming Asylum9 Welfare Benefits

10 Wills and Probate

11 Dealing with the Police

12 No-win, No-fee Actions

13 Problems with Goods and Services

14 Medical Accidents

15 Equal Opportunities

16 Racial Discrimination

17 Personal Injury

18 Rights for Disabled People

19 Community Care

20 Education

21 Immigration and Nationality

22 Mental Health

23 Alternatives to Court

24 Family Mediation

25 Veterans

26 Domestic Violence, Abuse and Harassment

27 Living Together and your Rights if

you Separate

29 Care Proceedings

30 Neighbourhood and Community Disputes

31 Changing your Name

Advice Guides

G1 A Step-by-Step Guide to

Choosing a Legal Adviser

G2 A Step-by-Step Guide to

Legal Aid

The leaflets are also available in Welsh, Braille and Audio.

To order any of these leaflets contact the LSC leaflet line on 0845 3000 343

or email [email protected] or fax 020 8867 3225.

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