Asylum & Protection Overview
An asylum claim is made by a person who is in the UK and who fears persecution in their home country based on race, religion, nationality, political opinion, or membership of a particular social group. Asylum law is a specialist and frequently evolving area, and representation by a qualified solicitor is strongly advisable.
Who Can Claim Asylum?
A person can claim asylum if they:
- Are in the UK or at the UK border
- Fear persecution in their home country based on a Refugee Convention ground
- Cannot return safely to their home country
- Are not excluded from refugee protection (e.g. due to serious crimes)
Humanitarian Protection
Where an individual does not qualify as a refugee but faces a real risk of serious harm if returned to their home country, they may be eligible for Humanitarian Protection. This is a distinct status from refugee status but provides similar protection against removal.
The Asylum Process
- Screening interview with the Home Office
- Substantive asylum interview
- Home Office decision
- Appeal to the First-tier Tribunal (if refused)
- Upper Tribunal or Court of Appeal (if applicable)
Deportation and Removal
Where a person faces deportation or removal, urgent legal advice should be sought. Britlaw Solicitors advises on the legal options available to challenge removal, including representations to the Home Office, judicial review, and appeals. Time is critical in removal cases and early legal advice is essential.