As we have seen recently with El Salvador (and in 2015 with Syria), the Home Office can and will make it more difficult for people coming from countries where an asylum claim may be anticipated to get a standard visa. Most people have to either arrive illegally or as holders of valid visas which have been issued for some other purpose, such as tourism. That’s one of the features of our island nation’s immigration and asylum policy. You may well be wondering how an asylum seeker might get to the UK to claim asylum if no visas are available for this purpose. It is not possible to apply to the UK government from abroad for permission to enter the UK as a refugee. The person must be inside the UK or at a port of entry in order to be granted refugee status, meaning that a claim for asylum cannot be made from outside the UK. (v) refusing their application would result in them being required to go (whether immediately or after the time limited by any existing leave to enter or remain in the UK) in breach of the Refugee Convention, to a country in which they would be persecuted on account of their race, religion, nationality, political opinion or membership of a particular social group. (iv) having been convicted by a final judgment of a particularly serious crime, they do not constitute a danger to the community of the United Kingdom in accordance with Article 33(2) of the Refugee Convention as defined in Section 72 of the Nationality Immigration and Asylum Act 2002 and (iii) there are no reasonable grounds for regarding them as a danger to the security of the United Kingdom in accordance with Article 33(2) of the Refugee Convention and (ii) they are a refugee, as defined in Article 1 of the 1951 Refugee Convention and (i) they are in the United Kingdom or have arrived at a port of entry in the United Kingdom and Refugee status will be granted to an asylum seeker who meets the requirements of paragraph 334 of the Rules: If not, they move on to see whether permission to stay should be granted either under another paragraph of the Immigration Rules or on a discretionary basis. If the person is not entitled to refugee status, the decision-maker moves on to assess whether humanitarian protection can be granted. If it can, they then have to decide which type of refugee status to grant: “refugee permission”, which lasts for five years, or “temporary refugee permission” which lasts for two and a half. There are several stages to this process.įirst, officials will assess whether refugee status can be granted. The Home Office is the government department that assesses an asylum seeker’s claim to international protection in the UK. In particular, refugee status can allow people to move towards permanent residence and citizenship in the UK much more quickly than humanitarian protection. They give most of the same rights to work, study and access benefits.īut as we shall see, they are underpinned by very different legal frameworks, and refugee status is undoubtedly superior to a grant of humanitarian protection in several ways. Both are a form of international protection granted to a person in need. On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. What are the terms and conditions of humanitarian protection?.When will humanitarian protection be granted?.What are the terms and conditions of refugee status?.
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