Asylum, Humanitarian Protection & Further Submissions
At Siddique Solicitors we have a wealth of experience in dealing with asylum claims. We understand the complexities of these cases and quite often other factors such as modern-day slavery need to be taken into consideration. We advise not only the procedural aspect of your claim but also in regard to the type of evidence that should be submitted to support the claim.
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It is very important to ensure all relevant reasons for claiming asylum are submitted to the Home Office early as in the alternative, the Home Office quite often argue that the asylum seeker in not credible.
An asylum seeker is a person who has left their country of nationality or residence and has made a claim that they are entitled to protection under the Refugee Convention (UN Convention Relating to the Status of Refugees 1951 – read with the 1967 New York Protocol). A refugee is defined:
A person owing to the 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 his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection if that country; or who not having a nationality and being outside and being outside the country of his former habitual residence is unable or, owing to such fear, unwilling to return to it
The Home Office will also be obliged to consider whether that asylum seeker is entitled to ‘humanitarian protection’ under Qualification Directive and immigration rule r399C:
An asylum applicant will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:
- 1. they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
- 2. they are not a refugee within the meaning of Article 1 of the 1951 Refugee Convention;
- 3. substantial grounds have been shown for believing that the asylum applicant concerned, if returned to the country of origin, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
- 4. they are not excluded from a grant of humanitarian protection.
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