Having practised asylum law for several years, I noticed a common theme for some asylum seekers: a delay in processing their asylum claims. Although the Home Office service standard says that an asylum applicant can expect a decision within 6 months of making their claim. However, as a lawyer myself alongside many asylum seekers have found that this is not the case.
Therefore, I have written this blog post to set out some actions that may help speed things along.
1. Write to the Home Office
The first port of call is to directly write to the Home Office to find out why there has been a delay and how long it would take.
We recommend that this is done via email or Recorded Delivery so that you have evidence that the request for an update was sent.
If you have a solicitor representing you, you can ask them to do this on your behalf.
2. Approach your Member of Parliament
Contact your MP and ask them to write to the MP Liaison Unit at the Home Office requesting an update about your case. We have noticed that occasionally, an MP is more likely to receive a response from the Home Office whereas the client themselves or their solicitor may not.
This can also be a useful tool in putting pressure on the Home Office.
3. Issue Judicial Review Proceedings
Issuing legal proceedings against the Home Office for unnecessary delay in an asylum claim may seem like a drastic measure, but in our experience, this is often what it takes to achieve a decision on cases that have experienced significant delays.
Such proceedings are known as Judicial Review. Bear in mind that this process takes some time and can be expensive.However, at Batley Law, we’ve found this approach to be effective. Here’s an example illustrating its success:
CASE STUDY
16-year-old Aram (not his real name) came to the UK to claim asylum. He completed his screening interview but faced a long 18-month wait for his substantive interview. At this point, he was referred to Batley Law by an adviser at the Refugee Council.
Aram explained that the delay was causing him significant stress and anxiety, supported by medical evidence and testimony from his social worker. We were also able to show that the delay caused a detriment to his future chances of securing leave to remain, as he was now closer to becoming an adult, thus losing entitlement to discretionary leave as an unaccompanied minor.
We felt that Aram had a strong case to challenge the unreasonable and unjustified delay. We helped Aram and issued proceedings for him. The Home Office eventually agreed and settled the matter agreeing to decide within 6 weeks.
In the end, Aram successfully achieved his goal of obtaining a decision on his asylum claim, a result that likely wouldn’t have been possible without pursuing the case through judicial review.
Why choose Batley Law?
At Batley Law, we understand how frustrating it can be to face delays in asylum claims which is why we’d like to offer our help. Get in touch and we’ll make sure to make things as easy as possible for you.
FAQs
How to claim asylum in the UK?
On arrival in the UK, you must contact the Border Force officer and request asylum. The second step is a screening interview with an immigration officer after which your application is registered. If you are already in the UK and need to claim asylum, you must call the Asylum Intake Unit to make an appointment.
Can asylum seekers claim benefits?
Asylum seekers can request residence, and cash allowance of usually £49.18 for each person to purchase groceries, clothing and toiletries.
What documents do I need to support my asylum claim?
You need the following document to support your asylum claim:
- Identity documents, such as your passport, birth certificate, and marriage certificate.
- Police report on the harm you suffered (if applicable)
- Medical reports, showing any physical injuries you have suffered
- Mental health evaluation, showing any mental harm you experienced
- Any other credible evidence to support your case like Newspaper or magazine articles about the issues that make you afraid to return to your country
Can I work while my asylum claim is being processed?
Asylum seekers may seek permission to work if they have not received an initial decision on their claim within 12 months in the case that the delay isn’t because of the applicant.
What happens if my asylum claim is refused?
If you have applied for asylum, and your application is refused, you may be granted leave under the immigration rules.
Do I need a solicitor to make an asylum claim?
People claiming asylum in England and Wales must have a legal representative. Often this will be a lawyer working in this area of law, or a qualified immigration adviser. If you’re looking for an immigration solicitor, Batley Law would be happy to help. Call us now to get started.
What are the reasons for asylum claim rejection?
An asylum claim can get rejected for lack of evidence or incomplete application, a missed appointment or inconsistencies in testimonies.
