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Asylum
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Step 1
Asylum Seeker reports to Immigration Authorities
Application
made for asylum by adult or unaccompanied child
-To an immigration officer at a port of entry in the UK
-To an asylum caseworker in the Immigration & Nationality
Directorate -IND (in-country application)
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Step 2
Initial
application processing
Applicant
& dependents fingerprinted and issued with identification
papers - biometric card containing the bearer's fingerprint issued.
The applicant is handed the 'Statement of Evidence Form' (SEF) - comprising 19 A4 pages and about 120 questions to be completed in 14 days in English
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Applicant
is incarcerated in an immigration removal centre (Haslar in Hampshire,
Harmondsworth, Yarl's Wood, Dungavel)
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Fast-track
applicants sent to Oakington Detention Centre
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All
other applicants allocated to an accomodation centre; dispersal
is on a 'no-choice' basis; asylum support is provided by the National
Asylum Support Service NASS
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Step 3
Asylum interview
Application
is examined, based on the completed SEF, in-country assessment reports, and any further information
provided by the applicant
In
2001, the Home Office granted 31% of initial asylum applications
with refugee status or exceptional leave to remain.
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An
asylum seeker who is recognised as a refugee is granted indefinite
leave to remain in the UK. The refugee is entitled to a travel
document and to family reunion.
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Applicants
who are refused asylum may be granted 'exceptional leave to remain'.
This is a discretionary grant of of leave made by the Home Secretary
allowing a person to stay in the UK for a limited period of time.
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Failed
applicant is incarcerated pending removal to another EU country
or other 'safe third country'
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Failed
applicant permitted to appeal under (i) the Immigration and Asylum
Act 1999, or (ii) if removal is required for reasons of national
security/public interest, under the Special Immigration Appeals
Commission Act 1997.
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Step 4
Hearing
before the Immigration Adjudicators (IAA)
Adjudicators
are drawn from qualified Solicitors and Barristers.The
adjudicators are independent of the Home office and hear
the whole case. Home office is also represented during
the hearing.
The applicant can seek legal representation.
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Appeal allowed - asylum seeker recognised as refugee or granted exceptional leave to remain.
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Appeal rejected - asylum seeker applies for leave to appeal further to IAA tribunal.
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Appeal rejected - asylum seeker seeks reconsideration by Home Office. Once an appeal is 'certified' - this is done when the Home Secretary decides to refuse asylum - and if the adjudicator agrees with this decision, there is no further right of appeal to the IAA tribunal.
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Step 5
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Hearing
before the Immigration Appellate Authority (IAA) Tribunal
The
Immigration Appeal Tribunal is an independent judicial
body that reviews the decisions made by adjudicators.
At the hearing, the appellant’s representative and the
representative for the Home Office make submissions to
the Tribunal about the appeal. The Tribunal then decide
the appeal.
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Appeal
dismissed - asylum seeker deported
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Appeal
dismissed - leave of appeal granted
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allowed - asylum seeker recognised as refugee or granted
'exceptional' leave to remain |
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Step 6
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Hearing
before the Court of Appeal
If
the Tribunal dismisses an appeal the Court of Appeal is
the next level of appeal for an asylum seeker. Very few
appeals reach this level which is normally reserved for
deciding important issues of law.
The
Refugee Council in the UK estimates that taking into account
applicants who are succesful at different appeals and when
the Home Office overturned its own initial decision the
total number of sucessful applicants was as high as 51%.
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Appeal
dismissed - asylum seeker deported |
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Appeal
dismissed - leave of appeal to House of Lords granted |
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Appeal
allowed - asylum seeker recognised as refugee or granted
'exceptional' leave to remain |
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UK Legislation
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