Asylum and Fresh Claims

Understanding Asylum in the UK

Asylum is a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their home country due to a well-founded fear of persecution. This persecution must be based on one or more of the following grounds:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

The legal framework for asylum claims in the UK is primarily governed by:

• The Refugee Convention 1951
• The Human Rights Act 1998
• The Immigration Rules (Part 11)

The Asylum Application Process

1. Screening Interview

The process begins with a screening interview at the Home Office. This initial step involves confirming your identity, travel history, and reasons for seeking asylum.

2. Substantive Interview

This is a more detailed interview where you present your case for asylum, explaining why you cannot return to your home country. This is a critical stage where legal representation can significantly enhance your chances of success.

3. Decision

The Home Office reviews your case and decides whether to grant asylum. If successful, you will be granted refugee status, humanitarian protection, or discretionary leave to remain.

Fresh Asylum Claims

A fresh claim is a new application made after an initial asylum claim has been refused and all appeal rights have been exhausted. To qualify as a fresh claim, the applicant must present new evidence that:

1. Has not been previously considered by the Home Office.
2. Could lead to a different outcome if accepted.

Common Grounds for Fresh Claims

• New evidence of persecution, such as updated reports or witness statements.
• Changes in the political or social landscape of the applicant’s home country.
• New medical evidence indicating mental or physical conditions exacerbated by deportation.

HPA Solicitors UK provides expert assistance in preparing fresh claims, ensuring that the new evidence meets the stringent requirements set by the Home Office.

Challenges in Asylum and Fresh Claims

The asylum system in the UK can be daunting due to:

• Complex legal requirements.
• High rejection rates.
• Short deadlines for submitting fresh claims or appeals.

This makes professional legal support essential for navigating the process and increasing the chances of a favorable outcome.

Your Rights as an Asylum Seeker

Asylum seekers in the UK are entitled to:

• Temporary accommodation and financial support while their claim is processed.
• Access to healthcare and education.
• Legal representation to ensure their case is heard fairly.

If you need assistance with an asylum application or fresh claim, contact HPA Solicitors UK for expert legal advice and representation. Our compassionate team is dedicated to helping you secure a safe and stable future in the UK. Schedule a consultation today and take the first step toward protecting your rights and safety.