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Asylum
Seeking asylum is something that dates many years and has usually been associated with groups of people who are being persecuted in their own countries.
We have seen asylum seekers both coming to Britain and also those who felt they were being persecuted here seeking asylum elsewhere, usually Holland and/or America. The Pilgrim Fathers were one such group.
The advice in this document is very general and for a fuller explanation and help you should contact an approved advice agency
www.oisc.gov.uk can point you in the right direction. Locally we have
The Immigration Advisory Service Norwich Office, The Advice Arcade 4 Guildhall Hill Norwich England NR2 1JH
Telephone: 01603 496 623
Fax: 01603 496 618
E-mail: iasuk@gn.apc.org
Website: www.iasuk.org
The Refugee Council website is an excellent source of information www.refugeecouncil.org.uk or try your local CAB
So how do you apply and what happens when you do.
If you are going to be able to stay in the UK as a refugee you will have to meet the criteria under the United Nations Convention relating to the Status of Refugees.
“A refugee is someone who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable, or, owing to such fear, is unwilling, to return to the country of her/his nationality or former habitual residence. A person can also be granted refugee status if and when the country from which you have come is in a state of upheaval.” The Home Office decides if and when a particular country is in a state of upheaval.
If you don’t meet these criteria it may still be possible for you to come to the UK but you will need to use one of a range of other schemes that allow you to live and work here. For more information about these schemes you can check this government website www.ind.homeoffice.gov.uk where they have details of all these schemes.
When to apply
You should apply as soon as you arrive in the United Kingdom, it is important that in your first interview with an immigration official you make it clear that you scared to return to your country and/or uses the word 'asylum'. You don’t have to use the word asylum so long as you express your fear of returning home.
If you do not apply for asylum immediately upon arrival in the United Kingdom and give another reason for wanting to enter, this may raise questions about your credibility and affect the Immigration and Nationality Directorate’s (IND) decision as to whether asylum will be granted. You and all your family will be compulsorily fingerprinted when you make your application. A refusal to allow fingerprints to be taken may result in rejection of the asylum application.
When you apply you will be given a Statement of Evidence form (SEF) to complete. This must be returned to the IND within 10 days. Failure to do so may lead the IND to reject the application on the grounds of non-compliance. However, the IND has discretion to allow a longer period for return in exceptional circumstances. This would include the need to obtain evidence of torture from the Medical Foundation for the Care of Victims of Torture. The form must be completed in English and giving false information would count against you in any decision that is made.
If you fail to apply at this early stage you may find that you are refused any help from the state. This cold cause you to be homeless and without any financial support.
In-country application
It is also possible to apply when you are already in the UK. If you wish to do this you and your family will be fingerprinted refusal may result in rejection of your application. An in-country application should usually be made at the Immigration and Nationality Directorate (IND) Asylum Screening Unit in Croydon, or at an IND Public Enquiry Office in Belfast, Glasgow, Liverpool or Birmingham. If you intend to do this you should seek specialist advice.
If your application is refused you have the right to appeal and again you will need specialist help to do this
Disclaimer, Target Audience, Jurisdiction Last updated & checked: 24/03/2006