Seeking Asylum in the U.K. What you need to know

June 29, 2011
Gordon Hurd
Posted in Around The World

By Gordon Hurd

It is only normal, with conflicts and wars raging on almost every continent, that people will flee to seek refuge in countries where they feel safe. Every country which is a signatory to the 1951 Refugee Convention has a duty to consider the application of anyone seeking asylum. Failing to do so would be a travesty of their human rights and a breach of International Law.

When someone flees a situation of conflict, war, or threat to their human rights and safety and presents themselves to another country for protection, they are known as ‘asylum seekers’ (‘asylees’ in the United States).

When their application is complete and they are accepted to remain in the destination country, they are known as ‘refugees’.

In granting refugee status to anyone, the recipient country must be satisfied that the applicant meets the definition of a refugee under the 1951 Convention which defines a refugee as: “A person 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 outside of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to it.”

The legalistic terms of phrase in this definition notwithstanding, it contains all the elements required to qualify as a refugee.

Picture used courtesy Refugee Council UK

The process

If you are considering seeking asylum in the United Kingdom, you need to understand the process so as to be able to improve your chances of making a successful claim.

You may claim asylum at the port of entry – airport, seaport, train station, coach station etc, or do so in-country. Filing a claim at the port of entry is fraught with a host of setbacks such as you may still be traumatized by your experience, useful evidence for your case may not be handy or organized, or you may simply be disoriented and not be able to provide a coherent and cogent story. You may not have had enough time to understand the system or find a good solicitor. If your case is fast tracked and you are unsuccessful, you may be on another flight back to whence you came in as little as a week.

If you can, it is better to claim as an in-country applicant, provided you have the right of entry, such as a short-term visa. Once in the country, you will probably have time to meet other asylum seekers and refugees who can help you through the process.

Starting

The process of asylum seeking begins when you present yourself at one of the asylum centers in the country. On arrival, simply tell the caseworker, “I would like to claim asylum”.

They would then do a first screening interview and take your details including your country of origin, names, names of family members, and a very brief statement, usually a paragraph, about why you are claiming asylum. They would also take your finger prints and other biometric data and issue you with a temporary identity card. This is the card you will use to get your weekly support stipend, usually from the Post Office.

You will be given a Statement of Evidence Form (SEF) to complete and bring to your substantive interview. A date will be fixed for your substantive interview where you will provide all the facts and evidence in support of your claim. You would then be asked if you have a place to stay and if you do not, you would be provided with emergency accommodation and household items. You may be allocated a solicitor, instructed on where you can find one or you could choose to find one yourself.

Asylum lawyers are free under the Legal Aid Scheme .

The Statement of Evidence Form is a detailed document, over 20 pages long in which you are expected to provide details about your case – why you are claiming asylum; the events leading up to your flight; whether or not you were imprisoned, detained or tortured; whether you tried to escape to another safe part of your country; what you think would happen if you were returned. It is important to note that evidence provided in support of your claim needs to be authentic.

If you were a member of an opposition party, your membership card may help. If you were a journalist, show newspaper clippings. Fake documents are frowned upon by the UK Border Agency and may damage your case.

Your case

The Case Owner then decides on your case and sends you a letter accepting your claim for asylum or rejecting it.

If your claim is denied, you may appeal to the Immigration and Asylum Tribunal (IAT). Under the new rules , you may not be entitled to Legal Aid at this stage, unless your solicitor is able to demonstrate that your case has at least a 50% chance of success.

If the appeals process fails, you will then be liable for deportation. You may at any time during the asylum process apply to leave the country under the Voluntary Assisted Return and Reintegration Programme administered by the International Organisation for Migration (IOM). In this instance, if approved, you may receive a small cash incentive to help you start a business in your home country upon your return. Your flight ticket is also paid for.

If your asylum claim succeeds, then congratulations! A whole new world is open to you!

Settling in as a refugee

Succeeding in your asylum claim and becoming a refugee means you are now entitled to stay in the United Kingdom. Those who were granted Leave to Remain before 2005 are allowed to stay in the UK indefinitely and are eligible to apply for British Nationality after 5 years from the date of entry (provided they have no criminal charges against them), while those accepted after 2005 are granted an initial Leave to Remain of 5 years after which their case will be reviewed.

Refugee status comes with rights and privileges such as access to mainstream education, health care and other benefits. As a refugee, you are entitled to register at the Job Centre, claim Job Seekers Allowance, Child Benefits and Child Tax Credits. Once you find work, you can then sign off these benefits and live on your own resources.

Challenges

Meanwhile, settling in as a refugee is fraught with many challenges.

When your asylum application is granted, you are given very little time, usually three weeks to vacate your emergency accommodation premises. You are then issued a NASS 35 Form that shows that you are no longer under the care of the National Asylum Support Service (NASS). Experience has shown that sometimes refugees get evicted before their NASS 35 arrives, leaving them at the mercy of the elements. Fortunately, there are myriads of organizations in the UK which help destitute asylum seekers and refugees.

Opening a bank account is also sometimes a challenge. The banks require a U.K. passport or Driver’s License and a utility bill in your name. So what do you do if you have just moved into a new home and your first utility bill is due in 1- 3 months?

Settling in also means obtaining a National Insurance number which entitles you to work. The Job Centre helps with this. It may take up to six weeks.

The most difficult part of the asylum process is the emotional strain on the claimant. While you are in the process of claiming asylum or applying for nationality, you may not be able to return to your home country, which means that you must be prepared to go for at least 6 years without seeing the loved ones you left behind. Many refugees have lived through the excruciating pain of losing a loved one while they were still in the process and could not travel. A refugee may feel lonely, trapped, despondent, listless.

On the flip side, becoming a refugee does open a floodgate of opportunities. Once settled, the refugee may easily set up a business, have access to bank loans, engage in any profession of their choice. The UK has a fair employment policy and emphasizes equal opportunities for all.

Perception of refugees

Britain prides itself with being a land of fairness and justice and in many ways this is so. However, asylum seekers and refugees are not always regarded in a favorable light.

For several years, parts of the UK media have hounded asylum seekers and refugees, calling them “scroungers”, “disease carriers”, “leaches”, “terrorists”, “benefits cheats”, “bogus” and accused them of “swamping” the UK, taking away jobs, putting a strain on housing and health services and “speaking strange languages” on the streets.

Refugee organisations such as the Love Asylum Seekers and Refugees Project (LOVAR), Refugee Council, Refugee Action and Migrant Helpline have denounced the hate language used against this vulnerable group of persons.

In extreme cases, asylum seekers, refugees and even black British citizens have been physically attacked following these schizophrenic media campaigns. Many groups have reacted by picking up the gauntlet and charging against these spineless attacks on innocent people. The Exiled Journalists Network (EJN) produced a short film titled On the Receiving End , featuring journalists speaking out against the negative perception of asylum seekers and refugees.

In 2004 -2005, I personally embarked on a vigorous £5,000 campaign to sensitize school children about race issues; I went on to speak to 11,000 of them . The Refugee Council has published a great resource tool titled The Truth About Asylum in which it debunks some of the myths propagated against asylum seekers and refugees.

Be that as it may, British people are very welcoming of foreigners. There is a rich cultural tradition in the country that has seen people of various religions, tribes and tongues cohabiting in harmony.

The first taste of British decorum can be seen at the airport or seaport upon your arrival. You are given an almost royal treatment and addressed as “Sir” or “Madam”. On the streets, you will most certainly find a willing helper if you loose your way.

Britain is one of the rare countries where an immigrant can express themselves freely. If, in their quest for public services, they cannot do so for linguistic reasons, they are provided with an interpreter at no cost to themselves.

Bank staff, Post Office workers, Bus Drivers, Shopkeepers and Police are polite to immigrants. The UK Government and Parliament have adopted an uncompromising stance on racism and all racist slurs are fully investigated and severely punished. A renowned former TV presenter and talk show host, Kilroy, once branded Arabs in the UK as “wife beaters”. It cost him his job. Several other examples abound.

WELCOME TO BRITAIN!

For me, Britain remains a bastion of freedom and free expression. I differ with those who adopt the rather simplistic view that the country is a “soft touch” for migrants. While the Police here are not as confrontational as in other countries and immigrants are treated more humanely across the board, the system is not as porous as some would like it and has safeguards in place to root out bogus claims.

The UK’s claim to an immigration system that is “Fairer and Firmer” is justified. The system has its flaws but it works.

If you choose to come to Britain as an asylum seeker to claim protection from brutal dictatorships, do come. When you are allowed to stay, be a good citizen, abide by the laws of the land and show respect and love for the British people. Your prosperity and happiness depends on it.

(Article first published in DUNIA print Magazine, Issue 3)

Gordon Hurd is a motivational speaker, gospel singer, goal setting expert and author of Christian Millionaire Secrets, a new book that challenges Christians to take back their God-given right to wealth.

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