What is a UK asylum refusal? How does the legal process work in cases of asylum refusal?
A UK asylum refusal occurs when an individual’s application for international protection is rejected by the UK immigration authorities. After the decision has been communicated to the applicant, they have 15 days (or 30 days in general) to lodge an appeal. However, lodging an appeal does not guarantee that the immigration authorities will reverse their decision. In some cases, the immigration authorities may make errors in their assessment or fail to consider an applicant’s individual circumstances. Each person’s history, experiences and country of origin are unique, and their application should be considered on its own merits.
If an applicant’s individual circumstances are not taken into account by the immigration authorities, their refusal decision may be challenged in court. It is advisable to seek the help of a lawyer with expertise in immigration law in such cases. In recent times, the immigration authorities have been issuing refusal decisions arbitrarily in order to deport immigrants en masse, even if they have valid claims to asylum. These types of decisions can be challenged through an administrative appeal.
One of the biggest mistakes made by the immigration authorities is to subject individuals who have clearly stated that they fear for their safety to expedited processing. Expedited processing is meant to facilitate the quick rejection of economic migrants or those who do not have a valid claim for asylum, without them staying in the UK for long periods of time. However, the immigration authorities also use this process to reject individuals who have been subjected to violence by ISIS, raped, or persecuted by the Taliban, without conducting sufficient investigations. Many cases have been won challenging these wrongful decisions.
It is important to note that preparing a legal case against a UK asylum refusal requires a great deal of attention to detail. A lawyer with expertise in immigration law should be consulted, as each individual’s circumstances must be documented, and applications and appeals must be made in compliance with the law. If applications are not made correctly and do not address the necessary points, they will be rejected without examination.
Can an individual initiate legal proceedings against a UK asylum refusal?
Yes, an individual can initiate legal proceedings against a UK asylum refusal. However, the case does not end with the initiation of legal proceedings. The immigration authorities will submit a response to the legal claim, detailing the reasons for the refusal decision. The individual must address the specific reasons provided in the response and provide new evidence to support their claim. Many individuals fail to do this, resulting in the loss of their case.
When a lawyer initiates legal proceedings, they will receive the response from the immigration authorities electronically and will have the necessary time to prepare a response. If additional evidence or documents are required, the lawyer can arrange to have them translated and submitted to the court. This ensures that all stages of the legal process are properly handled.
What documents should be submitted when challenging a UK asylum refusal decision?
When challenging a UK asylum refusal decision, a legal appeal must be filed within the required time frame. If newspaper articles support the reasons for the appeal, they should be included in the submission. Documents showing an individual’s religious beliefs, educational background, and evidence of physical harm, such as scars, should be included. If there is a court decision related to the individual’s case in their country of origin, it should be translated and submitted with the appeal.
How does the administrative court handle proceedings?
The administrative court does not usually hold hearings for asylum appeals. Instead, they review the case files and compare the immigration authorities’ decisions with the relevant laws and regulations. If the immigration authorities’ decision is found to be in violation of the law, it may be overturned. It is important to note that the administrative court is not like other courts, as witnesses are not called to testify and hearings are not necessary. In criminal cases, hearings and witness testimony
hi, i’m an asylum seeker from JALALABAD. I’m in danger with my life against taliban government. what should i do as first step?
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