Frequently Asked Questions

An individual entering the UK to claim asylum is seeking acknowledgement as a refugee and acceptance on a legal basis into the UK . Those who either have their asylum claim accepted and become a refugee or be refused entry.

Those granted asylum are given indefinite leave to remain (settlement).

UASC = an Unaccompanied Asylum Seeking Child.

The criteria for recognition as a refugee, and hence the granting of asylum is to be a person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion; is outside the country of their nationality and unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence... is unable or, owing to such fear, is unwilling to return to it. The definition comes from the 1951 UN Convention relating to the Status of Refugees.

Recognised refugees are entitled to the same social and economic rights as UK citizens. They have full access to medical treatment, housing, education, and employment. They are obliged to conform to the laws of the UK.
Refugee integration projects may be funded by the Home Office Challenge fund. A list of the most current projects can be found at:
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/refugee_integration0/challenge_fund_and.html?

Asylum seekers can make their application at their port of entry to the UK or after entry to the Immigration and Nationality Directorate (IND). They should apply as soon as possible.

In some cases, claimants will be required to pursue their claim in another EU member state or other safe country, and if so, we remove them to that country. Under the Dublin II Regulation, which came into force on 1st Sept 2003 the applicant will be required to return to the EU member state deemed most responsible. This decision is assisted by the EU-wide fingerprint database of asylum applicants established by the Eurodac Regulation, which went live on 15 Jan 03, which allows for the computerised exchange of fingerprints in order to identify those applicants already known to other participating states and who may have made multiple asylum applications.

All claimants have a responsibility to:

• co-operate and tell us the truth;
• obey the law; it is a crime to make a claim involving deception, and conviction can mean two years' imprisonment;
• keep in regular contact with the Immigration Service;
• leave the UK if we reject the claim and appeal fails.

The Immigration Service screens applicants to establish their identity and nationality with interpreters present if necessary. Fingerprints are taken to guard against fraud and multiple applications.

Claimants will tend to go through an induction process where they learn about their rights and responsibilities.

During the induction process all claimants receive an Application Registration Card (ARC), containing their personal details. They need to present their ARC to access the services provided for them as asylum seekers. Induction also includes details of the Voluntary Assisted Return Programme.

The induction process normally takes between seven and fourteen days to complete but complex cases may take longer. During this time National Asylum Support Service (NASS) assessment for financial support is undertaken and longer term accommodation is arranged. A one-day induction process is available for applicants who do not need NASS accommodation.

The following links to the Immigration and Nationality Directorate webstie provide further information on induction services:

• Overview of the National Network of Induction Services
• Policy commitments
• Benefits of an induction centre
• Induction centre FAQs
  

 

Asylum seekers can ask to be returned to their country of origin at any point during an asylum claim. The International Organisation for Migration facilitates the voluntary return of those who cannot afford to return without help. Anyone with an undecided claim, a refused claim or who has been granted discretionary leave to remain may apply for this scheme.

Applicants are required to report to IND, as directed, while their application is considered. They must provide identification, such as their Application Registration Card (ARC) or standard acknowledgement letter (SAL).

Decisions are made on asylum claims based on the details given at interview, and also sometimes in writing via a Statement of Evidence Form (SEF) which must be completed in English. Applicants may bring a legal representative to the interview if they wish. If legal representatives do not attend, the interview will proceed without them.

An interpreter will be provided if necessary. A caseworker or an immigration officer trained to act under the 1951 Convention decides the claim, and each claim is assessed on its own merits, taking country information into account. We give people our decisions in writing.

1.  Refugee status:

If we recognise an asylum seeker as a refugee, we grant them indefinite leave to enter or remain in the UK. They can also apply for a Convention travel document and for family reunion. The Government helps refugees to build new lives in the UK.

2.  Humanitarian Protection and Discretionary Leave (HP DL):

In April 2003, exceptional leave to remain in the UK was replaced by Humanitarian Protection and Discretionary Leave. Humanitarian Protection is a grant of limited leave made to someone who hasn't been granted asylum but who, subject to certain exclusion provisions, has been able to demonstrate a need for protection in the United Kingdom . A person who is not able to demonstrate a need for protection under either the asylum or Humanitarian Protection provisions may qualify for a grant of Discretionary Leave. Discretionary Leave will only be granted for one of a defined number of reasons.

Full details of Humanitarian Protection and Discretionary Leave are provided in the relevant Asylum Policy Instructions (APIs).

Asylum seekers who are refused refugee status and the individual and their family are not granted either HP or DL they are expected to leave the UK. If they do not do so, we may detain them and remove them. Not all failed asylum seekers are detained. Despite being refused asylum some individuals, through no fault of their own may be unable to return to their country of origin and will therefore remain in the UK.

A key part of the Government's asylum policy is the fast tracking of asylum claims that can be determined quickly. There are two primary 'fast tracks', the Harmondsworth fast track and the Non-Suspensive Appeals process. In March 2005, the Government also began to implement the New Asylum Model, a developed approach for both detained and non-detained cases.

The Harmondsworth Fast Track process: this process is based at the removal centre at Harmondsworth, near Heathrow airport. Claimants have an in-country right of appeal against refusal. The process is geared to claimants being detained pending a quick decision on their asylum claims. The average timescale from making a claim to removal is one month, including any appeal.

The Non-Suspensive Appeals process: the Nationality, Immigration and Asylum Act 2002 (Section 94 (4)) made provision for a list of countries from which asylum or human rights claims are to be certified as clearly unfounded unless the applicant is able to satisfy the Secretary of State that their asylum claim is not clearly unfounded. 14 countries are currently on the list: Albania, Bolivia, Brazil, Bulgaria, Ecuador, India, Jamaica, Macedonia, Moldova, Romania, Serbia & Montenegro, South Africa, Sri Lanka, Ukraine. When assessing the asylum claim of a national of one of these countries the Secretary of State must consider whether the claim is clearly unfounded, and if he finds that it is, he must certify it.

Applicants whose claims are certified can only appeal against the refusal of their asylum claim once they have left the UK. This is known as a 'non-suspensive appeal'. There is no assumption that all claims from people entitled to reside in the listed countries will be refused and certified. Each claim is considered on its individual merits. The NIA Act 2002 also gave the Secretary of State the power to certify any asylum claim, not just those made by nationals of the 14 countries listed above, if he is satisfied that the claim is clearly unfounded.

The New Asylum Model: this will phase in faster and more closely managed processes for all new asylum applicants. Detained processes will continue to play an important role, but we are also developing new faster, non-detained processes. The aim is to recognise readily those with well founded claims, to maximise deterrents against unfounded applications, and to ensure that a higher percentage of asylum seekers whose claims fail, are quickly removed from the UK. This in turn will lead to a more efficient system including reduced support costs.

There is a well-established system for appealing most of the decisions made in the UK and abroad. An appeal is initially heard by an independent adjudicator. If either side is dissatisfied with the adjudicator's decision, they may apply for permission to appeal further to the Immigration Appeal Tribunal on a point of law, then to the Court of Appeal. Once an appeal has been made, the procedure is the responsibility of the Immigration Appeals Authority part of the Court Service.

For further information on the appeals process see the Immigration and Nationality Directorate website:

http://www.ind.homeoffice.gov.uk/ind/en/home/applying/appeals.html

 

 

Applicants have the opportunity to appeal against a decision not to grant asylum. Where someone has exhausted the avenues of appeal open to them under the Immigration Rules and is found to have no legal basis to remain in the UK, we would seek to remove them.

We will examine with great care each individual case before removal and we will not remove anyone who we believe is at risk on their return. The Immigration Service seeks to remove people as safely and humanely as possible.

The support scheme for asylum seekers came into force on 3 April 2000 and is the responsibility of the National Asylum Support Service (NASS). Asylum seekers who are destitute may apply for one of three packages of support:

• subsistence and accommodation;
• subsistence only;
• or accommodation only.

Accommodation is normally provided on a no choice basis in one of the designated cluster areas.

Those having the full support package will also have their accommodation, including utilities costs, met on top of the subsistence that they receive. Access to NHS treatment (including free prescriptions, health and dental services) is also included.

Asylum seekers in receipt of the full support package of accommodation and subsistence receive fully furnished accommodation including cooking utensils. Council Tax and utilities are paid for centrally. As a result of this, asylum seekers are able to access the full range of council services available to any other council tax payer. This includes services such as healthcare, education and social work.

For further information on NASS see the Immigration and Nationality Directorate website:

http://www.ind.homeoffice.gov.uk/ind/en/home/applying/national_asylum_support.html?

IND (Immigration and Nationality Directorate) can stop support for families who have exhausted all avenues of appeal and where we are satisfied that the family can leave or take reasonable steps to prepare to leave.

Where ceasing support is deemed appropriate, the National Asylum Support Service (NASS) writes to the family to give them 14 days notice before support will stop. This is sufficient in the overwhelming number of cases for an appeal to be made and decided by the Asylum Support Adjudicator.

In the few cases where the appeal has not been decided in this deadline, NASS can continue to provide support for a very short period while the appeal is determined but only where this is necessary to avoid a breach of the person's human rights.

Section 9 is being piloted in 3 areas; Yorks and Humberside, Greater Manchester and London. NASS has regular meetings with the consortia in these areas to discuss matters of mutual concern.

As was made clear when the Bill was going through Parliament the Government hopes that families whose support is stopped will act responsibly and leave with their children but where they do not we must act to ensure the needs of the children are met.

Hard case support also know as, Section 4 Support, is provided by the National Asylum Support Service (NASS). The UK offers a safe haven for those that are genuinely fleeing from persecution. Claims for asylum are looked at on a case by case basis. If someone has exhausted all their appeal rights they have no legal right to remain in the UK and are subject to removal.

There is nothing to prevent the majority from returning home and they do not need to wait until their departure is enforced. They are given advice on contacting either the Immigration Service (IS) of the International Organisation for Migration (IOM). Both IS and IOM can pay for flights home.

Where a failed asylum seeker is unable to return due to circumstances entirely beyond their control they may be eligible to receive accommodation under Section 4. They do not need to wait until they are homeless or destitute before applying - Information about Section 4 is included in letters sent by NASS terminating support.
Accommodation is provided on a no choice basis taking individual preferences into account. NASS will wherever possible provide section 4 accommodation in the area where the failed asylum seeker was already living.

Families are detained under the same criteria as individuals, ie whilst identity and basis of claim is established, because of the risk of absconding, as part of a fast-track asylum process or to effect removal. Consequently, not all families in detention will be held pending removal although the vast majority are.
Each case is considered on its merits and the presumption will still be in favour of granting temporary admission or release wherever possible.

Detention is used only where necessary and that this is especially true for families with children.

Detention of families is kept to the minimum period, subject to frequent and rigorous review, and very few families are detained for more than just a few days.

Families are accommodated in dedicated family rooms within a removal centre so as to ensure that family members are not separated and, so far as practicable within the constraints of detention, are able to maintain family life

Activities are provided for children and babies in child friendly care rooms throughout the day. Educational classes for school age children are also provided at those centres where families with children may be detained for more than 14 days.

No family is detained simply because suitable family accommodation is available

Unaccompanied children are only ever detained in the most exceptional circumstances and then only normally overnight whilst alternative arrangements are made for their care

Arrangements are in place for the rigorous and frequent review of family detention including ministerial oversight of the detention of all children beyond 28 days.

This Programme offers a legal route for up to 500 genuinely deserving cases a year to come to the UK. The vast majority of refugees are unable to pay traffickers and remain in their area of origin, often in very difficult circumstances.

This is part of a balanced immigration strategy - tackling abuse of the asylum system by people not in need of protection, while opening managed migration routes and better integration of those with the right to settle here.

Refugees must be referred to the programme by UNHCR, after which they are assessed by Home Office staff to determine whether they are refugees and have no possibility of returning safely to their home country. The Home Office also assesses whether their human rights are at risk in the country where they sought refuge and whether they have any long-term security in the country where they are currently living.

The UK also requires all applicants to pass a health check and security screening and may exclude an applicant whose resettlement would not be conducive to the public good.

All statistics on numbers and nationalities given leave to remain and all other immigration and asylum statistics can be found at:

http://www.homeoffice.gov.uk/rds/immigration1.html