8 Claiming Asylum
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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?
If your asylum application is refused, you will almost always be able to appeal against the decision. But if you want to make an appeal, you need to get advice very quickly.
You must fill in and return your notice of appeal within 10 working days of the decision (less than this if you are in detention). You must also give the reasons for any other claim you or a family member may make for being allowed to stay in the UK (for example, if being made to leave would breach your human rights).
You will be able to apply for publicly funded legal help during the appeal process if you:
- have no money to pay for advice; and
- have a reasonable chance of winning your case.
The Refugee Legal Centre or Immigration Advisory Service may also be able to help with your appeal, free of charge if you meet these conditions. Their details are on the appeal notice, as well as in 'Further help'. The appeals process may well take longer than the initial decision and may involve going to court more than once.
'One-stop' appeals
If you have any other reason why you or any member of your family should be permitted to stay here, you need to mention this at the same time as you ask for asylum. One of the most common reasons is that it will be against your human rights if you are removed (see 'Human rights claims'). But if you have any other claim, for example for medical treatment or other family reasons, you must explain this as well. Your appeal hearing will look at all your circumstances, and if you do not mention something at the time it will be difficult to raise it later.
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
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