Asylum and Humanitarian Protection

Asylum means permitting a person to live in another country because they are at risk of persecution in their own country.
A person who has come to the UK for asylum, and waiting for a decision on their application is called an ‘asylum seeker’.
If a person has come to the UK and made an asylum claim with a favourable decision, meaning they have leave to stay, they are called ‘refugees’.

The UK government has an obligation to protect people who meet the criteria for asylum as set out under the ‘1951 UN Refugee Convention’. This is because the UK has signed international laws relating to asylum, and they have now become part of UK legislation.

What do you need to prove to make an application for asylum?

Firstly, you would need to show that in your home country, you have a serious fear of persecution based on one or more of the following refugee grounds:

  • Your ethnic background
  • The religion that you practice
  • Your place of origin (nationality) in your home country
  • Your political views
  • Any social group membership or affiliation

The 1951 Geneva Convention which addresses the status of refugees indicates that even if you have not suffered persecution in the past if you can demonstrate you will now face persecution in the future, this can be used to support your application. An example would be a change in circumstances in your country of origin, such as a new government.

An application can be made under the 1950 European Convention on Human Rights (ECHR). Many claims are made under Article 2- the right to life or Article 3, which prohibits torture and inhuman or degrading treatment. Also, under Article 8, a person has a right to respect for family and private life.

Lastly, the European Union Asylum Qualification Directive. This directive is in place to establish standard criteria, so there is a similar way of dealing with asylum matters throughout Europe.

Our Asylum and Humanitarian Protection Support

  • Notifying UKVI of a change of address
  • Applications to vary the conditions attached to leave already granted, including conditions attached to bail granted by the Secretary of State
  • Travel document applications for a person already granted Humanitarian Protection/ Discretionary Leave to Remain