Asylum / Human rights

How we can assist you to claim protection under asylum and human rights law

Brandon Consultancy Immigration & Employment UK provides perspective clients with comprehensive advice in the area of human rights law and we have great experience in dealing with an unparalleled range of asylum and human rights cases for decades.

We believe that human rights are unconditional and that our commitment to promoting equality and justice should govern and inform every aspect of our work

We are permanent members of leading UK and international human rights organizations.

We act for individuals who believe their rights will be violated if returned by the Secretary of State to their country of origin.

We can represent you at any level of your asylum or Human rights application in the UK.

If you want to apply for asylum or made a human rights application and you are already in the UK, we will advise you on the legal requirements for claiming protection under the UK and International Immigration law, the procedure, how book an appointment to attend the UKBA office in Croydon or Liverpool, and on supporting documents you must bring with you when you go to the asylum screening unit. We also prepare and submit all kind of human rights applications of legal representations on behalf of our clients.

When dealing with asylum or  human rights application,  in particular we aim:

We offer our clients different services:

– Preparing full application

-further legal representations

-interviews at Immigration service

-advice and assistance with the UKBA’s decision

Asylum, Humanitarian and Discretionary Applications

The UK remains one of the top countries for asylum seekers. It will be wrong to state that the country specifically invites asylum seekers, but the fact that the recognized refugees get the right to legally remain in the UK, work, get free health services and education, can have their families join them in the UK stands for itself.

The British Government should recognize you as a refugee and grant you leave to enter/remain in the United Kingdom if you have a “well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion” under the United Nations Convention Relating to the Status of Refugees, 1951 and are not subject to any of the exclusions set out in the Convention.

To successfully seek asylum you must match the definition of a refugee as set out in the 1951 Convention on the Status of Refugees (RC 1951). This stipulates that you must have a well founded fear of persecution in your country of nationality on the basis of at least one of five grounds.  These grounds are race, religion, nationality, member of a social group and political opinion.  It is the last ground that obviously relates to your case.  Your success will depend on whether the Home Office believes your account and whether they believe that there is a reasonable risk that you will receive some form of serious harm, rather than just some harassment and relatively minor intimidation if you are returned to the country you fled from.  If they do not believe you they will refuse your claim.  You will though have right of appeal in front of an independent adjudicator.  Again, much will depend on whether he or she believes you.

The burden of proof is on you to show that you will face persecution if returned to the country you fled from.  However, the standard of proof is relatively low as you merely have to show that there is a real risk or serious possibility of it occurring.

If you are ultimately successful in your asylum claim under current UK government policy you will be given a limited leave to remain valid for 5 years. On completion of those 5 years your case will be reviewed. Then you may be granted indefinite leave to remain. This basically gives you the right to live, work, study and claim benefits on the same basis as a British Citizen.  Please be aware though that you can lose your refugee status if you return to the country you fled from or leave the UK for more than 2 years or commit a serious criminal offence.

Alternatively, you may have other humanitarian or compelling reasons why you need to stay in the UK, the denial of which may violate your human rights under the European Convention on Human Rights (ECHR). Your legal representative should be able to tell you whether this applies to you. Asylum and human rights laws are complex. It is vital that you get good legal advice and representation. When you apply for asylum, the authorities will refer to you as an ‘asylum seeker’.

 Human Rights protection

The Human Rights Act 1998 was implemented in October of 2000. Since then legal provision and any decision made in respect of an individuals entitlement to enter or remain in the United Kingdom has had to be compatible with the requirements of each of the rights set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

The law changes and develops with its greatest frequency in respect of Article 8 of the ECHR, which protects an individual’s right to respect for his or her family and private life. The concept of private life is wide – it encompasses among many other things the right to pursue a business without undue interference from state authorities. Unlike Article 3 of the Convention, which protects individuals absolutely from torture or inhuman or degrading treatment, violations by public bodies (generally the by United Kingdom Borders Agency) of the right protected by Article 8 are permitted, but only if the violation can be shown to be both to be in the pursuit of the interests specified in Article 8 (2) and proportionate to that interest.

The frequency of the changes in the law concerning proportionality as is applied to particular kinds of immigration cases means that success or failure will often depend upon the care with which arguments are advanced, and more directly upon way in which the ever increasing body of case law is deployed by a legal representative.

The European Convention on Human Rights

The European Convention on Human Rights was formed under the auspices of the Council of Europe to protect the fundamental rights and freedoms to which individuals are entitled.

  Rights conferred under the ECHR:

  Article 1 – obligation to respect human rights

Article 2 – the right to life & the prohibition of arbitrary deprivation of life 

Article 3 – the prohibition of torture, inhuman and / or degrading treatment / punishment

Article 4 – prohibition of slavery

Article 5 – the right to liberty & security of the person

Article 6 – the right to a fair trial

Article 7 – no punishment without law

Article 8 – the right to respect for private and family life, home and correspondence

Article 9 – right to freedom of thought, conscience and religion

Article 10 – right to freedom of expression

Article 11 – right to freedom of assembly and association

Article 12 – right to marry

Article 13 – right to an effective remedy

Article 14 – prohibition of discrimination 

 Article 8 cases

  We have particular experience in arguing article 8 cases often achieving excellent results. Article 8 provides:

  ‘Everyone has the right to respect for his private and family life, his home and his correspondence.

  There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’

  When deciding cases concerning Article 8, the following assessment is made:

In immigration cases, article 8 is relevant where

  We will assess each individual case applying this criterion. We will consider each clients circumstances including strength of family ties in the UK, previous immigration and criminal history, any compelling and compassionate factors (including health problems) and other reasons why removal would breach their article 8 rights.

Further Submissions/Fresh Claims

Meaning of further submissions & requirements

Applicants who may wish to make further submissions are those who have had an initial asylum or human rights claim refused or withdrawn.  The further submissions can also be known as ‘fresh claims’.

The Immigration Rules particularly paragraph 353, deal with the provisions of submitting further representations. It provides that:

“When a human rights or asylum claim has been refused or asylum claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules 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)             Has not already been considered; and

(ii)            Taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.”

The Home Office will consider whether the new material provided in the further submissions taken together with the old material, will warrant a grant of leave or whether the submissions do in fact amount to a fresh claim.

The Home Office apply a two stage process to considering these applications. Namely, they will consider

If the Home Office decide not to grant leave, they will have to decide whether the submissions are in fact, a fresh claim in accordance with the Immigration Rules as above. If the submissions are accepted to be a fresh claim, then the applicant may have a right of appeal against the decision. Examples of where submissions may not be accepted as a fresh claim are:

It is therefore important that the new evidence and submissions are strong in order to be accepted as a fresh claim and to warrant a right of appeal. The Home Office will also assess the applicants credibility in their previous asylum and human rights claims.

In some cases, the Home Office will invite applicants to an interview for instance, where they are uncertain as to whether or not to grant leave.

Applicants who have been invited to an interview are strongly urged to seek legal advice before attending.

Cases being managed by the Case Resolution Directorate

As of 14th October 2009, applicants whose cases are being dealt with by the case resolution directorate (CRD) will be required to submit any further evidence/documents at the Liverpool Further Submissions Unit (FSU). Applicants are required to make an appointment beforehand. Applicants who have already submitted further submissions but who need to submit more documents will also need to book an appointment to submit these documents.

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