Asylum, Humanitarian Protection And Refugees
Claiming asylum or humanitarian protection in the UK
At Saxon Solicitors we deal with asylum and protection, we help people who have been forced to leave their country or are unable to return to their country due to the fear of political, religious or ethnic persecution as well as people who face a real risk of suffering serious harm for a wide range of other reasons.
The United Nations 1951 Convention and 1967 Protocol Relating to the Status of Refugees (generally known as ‘the Geneva Convention’) defines who is a refugee. To be granted asylum, or the status of a refugee, you must meet the requirements as set out in Article 1A(2) of the Geneva Convention.
This means that if you can satisfy the Home Office that you have a well-founded fear of persecution in your own country for reasons of your race, religion, nationality, membership of a particular social group or political opinion and are unable (or unwilling due to your well-founded fear) to obtain the protection of the authorities in your country, then you will be recognised as a refugee and granted asylum.
Alternatively, if you do not qualify as a refugee (because you do not fall within one of the defined reasons for persecution) then you may qualify for humanitarian protection. To qualify for humanitarian protection, you will need to satisfy the Home Office that there are substantial grounds for believing that if returned to your country, you would face a real risk of suffering serious harm and are unable, or, be owing to such a risk, unwilling to avail yourself of the protection of that country.
As a refugee, you must apply for asylum if you wish to stay in the UK and integrate into British society. Here, at Saxon Solicitors, we can provide you with the necessary guidance to complete this task.
Our lawyers are specialised in asylum applications and will be able to:
Apply for housing and money from the National Asylum Support Service (NASS) to support you and your family while you are waiting for a decision on your asylum claim.
Explain the asylum application process and procedures.
Discuss the types of evidence you will need to support your claim.
Advise you on how to produce the necessary evidence.
Make an application for asylum on your behalf.
Appealing your UK asylum refusal
If you have been refused asylum, we can assist you in appealing to the First-tier Tribunal (Immigration and Asylum Chamber). You must appeal no later than 14 days from the date of refusal.
You are allowed to remain in the UK while you wait for your appeal hearing. Your appeal will be heard by a Judge who is independent of the Home Office. One of our immigration lawyers will prepare and submit the appeal papers for you and represent you at the appeal hearing.
We will also assist you in submitting more evidence in support of your claim and help you to prepare to speak at the hearing.
Asylum further submissions
We can assist you in submitting new evidence to support your asylum claim if it has been refused. If you have no more rights to appeal, or your asylum claim has been withdrawn or refused, our solicitors can help you collect and submit valid new evidence to the Further Submissions Unit.
Please note that you can only submit new evidence once you have been through every available appeal process. You cannot submit new evidence to the Further Submissions Unit unless you have exhausted your rights to appeal.
Paragraph 353 of HC 395 Immigration Rules provides:
When a human right or protection claim has been refused or withdrawn or treated as withdrawn and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
(i) had not already been considered, and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
What this means is that further submissions should be treated as a fresh claim if they are significantly different from the materials that have previously been considered, and taken together with the previously considered material, create a realistic prospect of success, notwithstanding their possible rejection in the future. This issue was considered in the case of Onibiyo  2 All ER 901, in which the Court of Appeal held that the legal test applicable when considering whether further submissions amounted to a fresh asylum claim giving rise to a new right of appeal was “a realistic prospect that a favourable view could be taken of the new claim despite the unfavourable conclusion reached on the earlier claim.”
If your asylum or humanitarian protection claim has been refused and you do not have a right to appeal then you need to speak with one of our immigration solicitors to discuss whether you can make further submission regarding your case which, even if not accepted by the Home Office, may generate a new right of appeal so that you can take your case to the First-tier Tribunal (Immigration and Asylum Chamber).
Asylum and humanitarian protection applications
The UK remains one of the top countries for asylum seekers. According to UK Government legislation, refugees:
Have the right to legally remain in the UK.
Can access free education and health services.
Can look for and accept employment.
Can reunite with their families already living in the UK.
It is important to obtain legal advice before making any claim, as this area of law is complicated. Given our high-level of expertise, we can explain all the requirements and processes involved in a patient, straightforward and easy to understand way.
Human rights application in the UK
The UK is bound by the European Convention on Human Rights (ECHR), while protection of these rights is guaranteed under UK law by the Human Rights Act. The main rights that lead to a specific form of leave to remain are those in Article 3 of the ECHR (prohibition of torture and inhuman and degrading treatment or punishment) and Article 8 of the ECHR (the right to respect for your private and family life).
If you are seeking asylum then human rights arguments for leave to remain should be made at the same time as applying for asylum. It is not uncommon, however, for human rights grounds to arise following an initial application for asylum.
At Saxon Solicitors, we can represent you at any stage of your asylum or human rights application in the UK.