An asylum seeker is a person who flees because of a fear of persecution in his country and who, as consequence, is seeking the protection of the UK Government.
Article 1A of the Geneva Convention defines an asylum-seeker in the following terms:
The term “refugee” shall apply to any person who;
“As a result of events occurring before I January 1951 and owing to well-founded fear of being prosecutes 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 of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
This means that all basic requirements of the convention are to be met including well-founded fear of persecution (both subjective and objective tests) for the reasons of race, religion, nationality, membership of a particular social group or political opinion.
Other crucial factors relevant to an asylum claim are:
- The Claimant has to be in the UK;
- The internal flight or internal relocation alternative has to be considered;
- Safe third country exception;
- Sur place claims; and
- ”is unable or owing to such fear, is unwilling to avail himself of the protection of that country”
The Home office has a long check list for consideration and decision making of an asylum claim. A claim can either be accepted or rejected. Where it is accepted, a person is granted refugee status normally for five years following which, upon the completion of 5 years period, one can apply for indefinite leave to remain. Where rejected, and if a claim is not certified, one can go through an appeal process to prove his claim.
For that expert and clear advice and assistance on Asylum and Human Rights claims, contact our Team MT UK (Immigration and Human Rights) – Department.