Anyone who is not a UK national who is in the UK and who has a serious fear of returning to their home country can apply for asylum in the UK. The Home Office will consider an application for asylum and will only grant permission to remain in the UK if they are satisfied that you meet the legal requirements that prove you are a genuine refugee.
The basis of the Law in relation to asylum and refugee claims (refugees are just people who have been granted asylum) all stems from the 1951 Refugee Convention. In simple summary this says that if you are outside your home country and have a well founded fear of persecution because of your race, religion, political opinion, nationality or because you are part of a particular social group who is in danger then of course you may be eligible for asylum. People who can seek protection from the authorities in their home country are not eligible so you would have to establish that the authorities in your home country are either unable or unwilling to protect you. Similarly, if there is any part of your home country where you could relocate and be safe then the Home Office will not accept that you are eligible for asylum in the UK (this is known as availability of internal re-location). The Home Office will have to be satisfied that your fear of return is real, which means that not only does the fear have to be genuine but they will have to be satisfied that there is good reason for you to fear return. The phrase often used is that you must be able to prove that your fear of harm if returned is “well founded”. This area of law is complex by nature and depending on individual circumstances on case by case basis.
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UK immigration laws are complex in nature, but it is our duty and responsibility to ensure our clients get the most professional and correct legal advice in their applications. We can help you to understand what documents required to support your case and will assess your case in detail so that we can possibly avoid any potential problems before they taking place.
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