Humanitarian Protection UK | Advice & Assitance | Immigration Solicitors 4 Me
Humanitarian protection UK involves the commitment of the government of the UK to protect and preserve the dignity of millions of people that seek refuge in this great land. Asylum is an element of humanitarian action which involves protecting individuals who run away from their home country in fear of persecution for the reasons of formation of a certain social group, political opinion, religion, race, and nationality which may result to torture, prosecution or even death.
Asylum gives individuals the right to residence in a country. It also seeks to protect refugees from forced removal through deportation or extradition by the persecuting state. This page will help you get more knowledge of the procedures one would go through in claiming for Humanitarian protection UK.
Asylum, humanitarian and refugee application in the UK
If you want to apply for humanitarian protection UK, you can start applying at the port of entry where you need to inform the border forces that you are seeking for humanitarian protection and that you are afraid of going back to your country. Several questions will be asked concerning the claims for Asylum in the form of a screening interview which should take place within the same day or five days of the claim.
If one wants to claim after they have settled at the UK, then one has to call home office to book an appointment for the Screening interview which should take place within five to fifteen days of this telephone call.
Criteria for grant of asylum or humanitarian protection in the UK
One has to go through a screening interview at the screening unit in the Home office. Here, one has to tell the truth about himself, where the interviewers feel that the claimant is not being truthful, a second interview is taken which is called Interview under caution which means that the words one says during the interview can be used against him or her.
Once the interview is over, an individual is issued with a copy of a screening record that shows his or her details of the interview. Besides, One Stop Notice is given according to Section 120. The applicant has to present their passport and Biometric Residence Permit to the interviewers if they had not done so in at the home office then they are given Application Registration Card which will act as their identity document until their humanitarian protection UK comes to an end.
After a while, the applicant will receive a letter of invitation for a substantive and detailed interview. It seeks to know what happened to an individual, when, where, why and with whom. The questions about the documents submitted earlier are also asked to see if there is any disparity with the information given by the individual. If the interviewer senses any inconsistencies, the applicant is required to explain and they are not satisfied by the explanation of the humanitarian protection UKapplicant, the claim is returned.
During this interview, the interpreters and legal representatives are required to be present to help the applicant. After the substantive interview, the applicant and his other legal representative have to go through the record issued to the applicant by the interviewer, they have to check if there is a need for amendment, either any mistake or anything that the applicant needs to add in the record to support his application. The humanitarian protection UKapplicant is also required to submit any more documents that they had not submitted earlier and which can also be used to credit his claims.
Once the applicant's claim is successful, you will now be free to stay in the UK under humanitarian protection for five years.
Documents required in the application of humanitarian protection UK
The claimant of humanitarian protection UKis supposed to go with their identity documents such as the Identity card of his country, including passport. Besides, residence evidence is required to show that one is currently living in the UK, for example, utility bill; recent bank statement or even Landlords letter can be used.
At the home office, biometric data for the claimant is taken to help support in identification. In this case, fingerprints and photographs are taken and then the applicant is issued with a biometric residence permit.
What if your application is refused?
If the application is refused, an individual can do the following:
One can appeal to the First-tier Tribunal by completing the form IAFT-5 which is usually sent by the home office together with the refusal letter. The applicant can appeal on the grounds that the removal of the appellant from the UK would breach the UK 'S obligation under the refugee convection" If the appeal to the First-tier Tribunal is not considered, one can do further appeal to the Upper Tribunal and in this, in this case, any appeal to a high Tribunal needs permission to proceed and should be basically based on what we call "error of law"
There are several stages of appeal; first-tier Tribunal, the Upper Tribunal, the court of appeal and the Supreme Court.
A fresh claim is a submission that is different from the materials that had been earlier considered in such a way that the new content was not covered previously. As compared to the previous one, the material created a realistic prospect of success overcoming its rejection.
A fresh claim is made when the humanitarian protection UKclaim is refused and all appeal rights were exhausted. The home office will need to decide whether the new submission will constitute a fresh claim which if accepted, and then the applicant will be given humanitarian protection in the UK. On the other hand, if the fresh claim is not accepted, you can seek an appeal.
How can we help?
One of the most important things you must take note of is the ever changing policies and regulations of humanitarian protection UKand matters asylum. Again, you may not really understand how to go about some of the details and that’s why you need to seek the guidance of an expert.