refugee rights
DESCRIPTION
A resource for refugees in the UKTRANSCRIPT
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
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asylum seekers often change, so information may be incorrect or out of date.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.
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’.
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
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
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
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
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
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;
� 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
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
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
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.
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
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.
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
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.
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.
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.
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.
LSC008E