8 Claiming Asylum
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4. What happens when I apply?
You go through several stages, and several things will happen to you while your application is being dealt with. Not all applicants go through the same procedure.
You may be entitled to free legal advice for help with your asylum application. However, this won't normally allow for a legal representative (a lawyer or solicitor) to come to your interview. This will happen only if:
- you are under 18;
- you suffer from a serious mental illness;
- you are detained (held) as part of the 'fast-track' process (see 'Fast-track cases'); or
- the authorities believe you may have committed a crime; or
- the authorities believe you may be a threat to national security.
The first interview
The first stage involves an interview, called a screening interview. This is to get a record of your personal details and how you arrived in the UK. It is partly to check whether you can be returned quickly to a 'safe third country' (see 'Where you came from'), instead of the UK dealing with your application. It is also to check whether you have the passport or document on which you travelled to the UK.
This screening interview will usually happen as soon as you apply for asylum, but it may happen later if the authorities need to find an interpreter for you or if you are unwell.
If there are people you can contact in the UK, you should insist that you are allowed to call them before the interview. You have the right to contact a relative, a friend, an advice service, or a lawyer. You should also make sure you understand any interpreter well.
At a screening interview, you should not be asked detailed questions about why you are making your claim.
You should make sure you are given a copy of the interview record.
At this interview you may be told you are going to be detained while your case is considered, and sent to a detention centre (see 'Fast-track cases', below). Immigration officers will take your fingerprints, and will check these to see if you have applied before to this country or to other countries in Europe. They may decide not to take fingerprints of children (particularly children under 12). They will take photographs of everyone applying for asylum, including children. They will then give you an identity card with your photo on it. This card, the Asylum Registration Card (ARC) is important, because it will usually be your only proof of identity and of your right to be in the UK. The immigration authorities will hold on to any other documents you have brought with you.
You should check that the details on the ARC are correct. However, the ARC will also contain information that can be seen only with special equipment.
After your screening interview
After the screening interview you may be told to report to an immigration office, usually about two days later. This means you will either be sent to live at a special centre for a week or two, or told that you must go there each day. At the centre you will get information from the Home Office about what will happen with your application, and about life in the UK. If you don't attend when you are told to, your application may be refused quickly.
Asylum interviews
After your screening interview, you may have a longer, more detailed interview about your reasons for claiming asylum in the UK.
If you have a legal representative to help with your application, the interview may be arranged for a time when they can attend. If your legal representative cannot attend the interview, for example because you do not have the money to pay them to attend, you can ask for the interview to be tape-recorded, and for a copy of the tape.
If you are not asked to fill in a form before the interview the information you give the officer at the interview will form the basis of your application. If you add or change anything later without giving a good reason, the Home Office may not believe what you say. So you should make sure you understand the questions and are given a copy of the interview notes. Get advice as soon as possible.
Identity documents
At the screening interview immigration officers will take your fingerprints. They may decide not to take fingerprints of children (particularly children under 12). They will take photographs of everyone applying for asylum, including children. They will then give you an identity card with your photo on it. This card, known as the Asylum Registration Card (ARC) is important, because it will usually be your only proof of identity and of your right to be in the UK. The immigration authorities will hold on to any other documents you have brought with you, and return them to you at the end of your case.
You should check that the details on the ARC are correct. However, the ARC will also contain information that can be seen only with special equipment.
Where you came from
As an asylum seeker, you can't be sent back to any country where you might face a risk of being persecuted. Your application must be considered and you can be returned returned to your home country if it is refused.
However, if you passed through another country, even for a very short time, the Home Office may try to return you there if it is a 'safe third country'. They will not look at your asylum application if they do this. You will be expected to make your asylum application in that country.
If the 'third country' is on the Home Office's lists of safe countries, your asylum claim may be refused, and you may not be able to appeal before you are sent back there. The lists include most countries in Europe, and Canada and the USA. If the Home Office decides to return you to a safe country, you can appeal in the UK only for the reason that making you leave would breach your human rights in this country - but this will be difficult to prove and you will need expert legal advice.
Detention
Unless you already have permission to stay in the UK when you apply, you can be detained (held) at an immigration detention centre. You are most likely to be detained if:
- there's a chance you could be returned quickly to a safe third country;
- you have travelled here on false documents and did not admit this when you first arrived;
- you arrive after destroying your passport;
- you are caught using false documents later on; or
- the Home Office thinks your claim can be decided quickly (see 'Clearly unfounded cases').
If you are detained, you have the right to:
- ask to be released on 'temporary admission' (see 'What rights do I have while I'm waiting?'); or
- apply for release on bail after you have been in the UK for seven days. 'Bail' means you must pay the court a sum of money if you do not report back when you are told to.
If you are detained, immigration officers must tell you why, in writing. They must also give you regular notices to explain why they think you should stay in detention.
Instead of being detained, you may be released on certain conditions, such as having to wear an electronic tag (see 'What happens while I am waiting?').
Clearly unfounded cases
If the Home Office thinks your application is 'clearly unfounded', you are likely to be detained when you apply. In many cases, this will be because the Home Office believes that the country you come from is safe, so you wouldn't normally need asylum. It may also be because the Home Office does not believe that you really face a risk of being persecuted, even if you say you do.
If the authorities think your application is clearly unfounded, they will probably send you to an immigration detention centre as soon as you apply. Your case will be decided very quickly while you are detained. Some centres have legal advisers available to help you with your case. You can choose to get free legal help from a different adviser if:
- the first legal adviser you meet refers your case to them; or
- you have your own adviser, who has been helping you or your close family for some time.
If the Home Office refuses your application, you may not be allowed to stay in the UK for your appeal. You can be sent back to your own country, and your appeal will carry on after you have left.
Fast-track cases
Some asylum seekers are detained in a 'removal centre' when they apply, if the Home Office thinks their cases can be dealt with very quickly. If this happens, you will be detained for a week while your case is decided. If your case is refused, you will stay in detention for another week while your appeal is heard. Some centres have legal advisers available to help you with your case. You can choose to get free legal help from a different adviser if:
- the first legal adviser you meet refers your case to them; or
- you have your own adviser, who has been helping you or your close family for some time.
These cases are dealt with very quickly, and it can be difficult to get hold of information or evidence to show you are a refugee in time. As soon as possible, you must be sure to tell your legal adviser everything you think may help your case.
Statement of evidence form (SEF)
You may be given a 'statement of evidence' form (SEF) to fill in. If so, you must write on it your reasons in detail for claiming asylum. The Home Office will regard what you say on the SEF as the reason for your application, so you must state on the SEF everything that it will need to see. You should always try to get advice before filling in the SEF.
You must fill in the SEF and return it within 10 working days (longer for children who arrive on their own). A few weeks later, you will probably be called to a full interview about your claim with the immigration authorities. You may be able to have a legal representative and an interpreter at the interview with you, but the Community Legal Service will not normally pay for this (see 'What happens when I apply?' and 'Further help'.)
If you don't return the SEF in time, or you don't turn up for an interview, you will normally be refused asylum. The Home Office may not look at your case in detail, and it will not interview you. So you must tell the Home Office as soon as possible if you can't:
- complete a form;
- provide documents you've been asked for; or
- attend for an interview.
5. What can I live on while I am waiting?
6. What rights do I have while I´m waiting?
7. Where can I get help with my claim?
8. What will be the outcome of my claim?
9. What if my claim is refused?
10. What happens if my appeal fails?
This leaflet was written in association with the Immigration Law Practitioners Association and Mick Chatwin, a barrister and solicitor specialising in immigration law.
Leaflet version: April 2006