Refugee Status — The 1951 Convention Test
A person is a refugee under the 1951 Refugee Convention if they have a well-founded fear of persecution for reasons of:
The fear must be both subjectively genuine and objectively well-founded. The person must also be unable or unwilling to seek protection from the authorities in their own country. A solicitor prepares country background evidence, expert reports, and a detailed witness statement covering all aspects of the claim.
Human Rights Claims — ECHR Protection
The UK cannot remove a person to a country where there are substantial grounds for believing they would face torture, inhuman or degrading treatment or punishment — regardless of what they have done. This is an absolute right — it cannot be balanced against public interest. Cases involving persecution, forced disappearance, or political imprisonment commonly engage Article 3.
Removal of a person with established private and family life in the UK must be proportionate to a legitimate aim. A long-term resident with a British partner, children in UK schools, and established ties can succeed in an Article 8 claim even if the Immigration Rules are not met — particularly under the "exceptional circumstances" test in Appendix FM or under the Razgar framework.
In rare cases, removal can breach Article 3 where the applicant's medical condition is at a critical stage and the medical treatment available in the country of return is significantly inferior. The threshold is high (Paposhvili v Belgium [2016] ECHR 987) — a solicitor advises on whether the medical evidence supports a claim.
The Asylum Process
- 1Screening interview — initial interview by the Home Office to establish identity, travel route, and the basis of the claim. A solicitor advises before this interview on what to say and what documents to produce.
- 2Substantive asylum interview — detailed interview on the basis of the claim. The Home Office asks about the applicant's personal history, the persecution feared, and the country conditions. A solicitor prepares a detailed witness statement and country background evidence before the interview, and may attend.
- 3Home Office decision — grant of refugee status, humanitarian protection, or refusal. If refused, the decision letter sets out the reasons for refusal and the right of appeal. A solicitor reviews the refusal letter and identifies the errors in the assessment.
- 4First-tier Tribunal appeal — a fresh hearing before an immigration judge. New evidence can be submitted. The judge hears oral evidence from the applicant and any witnesses. A solicitor prepares the full appeal bundle, expert country reports, and legal submissions.
Frequently Asked Questions
Can I claim asylum if I entered the UK illegally?
Yes. How you entered the UK does not prevent you from claiming asylum — although illegal entry may affect credibility and could be relevant to a subsequent claim if you have previously been found to have no protection need. Under the Nationality and Borders Act 2022, those who entered illegally after 28 June 2022 may be treated as a Group 2 refugee with a shorter initial leave of 30 months rather than 5 years, subject to further court challenges. A solicitor advises on your specific situation.
Is legal aid available for asylum cases?
Yes. Legal aid is available for asylum claims and human rights cases (Article 3, Article 8 ECHR) for those who pass a means test and whose case has sufficient merits. A legally aided solicitor can represent you at the Home Office interview, prepare the asylum appeal bundle, and attend the First-tier Tribunal hearing. Legal aid is provided by the Legal Aid Agency (LAA) — not all solicitors hold a legal aid contract for immigration.
What is humanitarian protection?
Humanitarian protection is granted where a person does not meet the refugee definition but there are substantial grounds for believing they face a real risk of serious harm — including the death penalty, execution, torture or inhuman or degrading treatment, or serious and individual threat to their life by reason of indiscriminate violence in a situation of armed conflict. Humanitarian protection carries the same period of initial leave (5 years) as refugee status.
Can I work while my asylum claim is pending?
Not initially. Asylum seekers must wait 12 months from submitting their application before applying for permission to work — and even then only in roles on the Shortage Occupation List. If the Home Office has not decided the claim within 12 months through no fault of the applicant, the applicant can apply for permission to work. A solicitor advises on the right to work position during the asylum process.
What happens if my asylum claim is refused and I appeal?
You have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The appeal is a rehearing — you can submit new evidence, including country background evidence, expert reports, and a further witness statement addressing the reasons for refusal. You are generally allowed to remain in the UK while the appeal is pending. If the FTT dismisses the appeal, you can seek permission to appeal to the Upper Tribunal on a point of law.