How to help yourself when claiming asylum

Late appeals

If your solicitors were at fault, complain to the Legal Services Commission. Keep copies of the complaint as evidence for the courts. Submit late appeals with reasons. If you were unwell you need to provide medical evidence

Initial refusal

You need to check the deadline to appeal if your solicitor does not appeal.

Fill in boxes with:
'I believe the Secretary of State erred in his decision to refuse my
application.'

Can't find someone to help fill in your appeal for further consideration?

In Part C grounds:

'The Judge failed to have regard on the background evidence and concentrated on issues which did not go to the core of my claim.

'I therefore rely on CHIVER and WEDNESBURY UNREASONABLENESS.'

Fresh Asylum Claim - what does it mean?

A fresh asylum claim has to be new evidence in relation to you, e.g. a change of government who now propose a crackdown on the organisation you belong to, i.e.

' I claimed asylum in June 2005 because the ruling party X hated the
organisation I belonged to which was Y. My asylum application was fully determined in December 2005 it was not believed that the ruling party X persecuted members of Y. In February 2006 a new government Z was elected who made a decree that all members of Y would be arrested on site and detained indefinitely. I am therefore making a fresh claim on the basis of the changed situation in my country since my original asylum was refused. '

Always

• Keep copies for yourself
• Send applications recorded delivery and keep receipt with your copy
• Ensure information is backed up with independent evidence
• Be aware of time limits
• Translated documents need to be translated by an official translator (you
  will have to pay unless supported by legal aid)
• If in doubt ring number on issue letter refer or seek further guidance

Legal representatives and Solicitors cannot win your case if you do not possess independent evidence to verify your claim

Your representative in reality only puts together the evidence you provide and puts forward previous cases which have been successful and have raised similar issues to your claim.

Information sources to help your case

Your own information, e.g. arrest warrants, political membership credentials, photos of activities, letter from organisation, details of organisation

Medical reports - if no Legal Help solicitor is available get client to see GP
then get GP's letter plus ask the GP to refer to a specialist - this may take some time, so act fast!

JCWI Immigration Nationality and Refugee Law Handbook - ASIRT, 0121-772 6700, BARC, 0121-523 0580 and Sutton Coldfield Library have copies but you can only read them on site!

Internet

Home Office IND Country Reports
BBC
US State Department Reports
Amnesty International
UNHCR
Human Rights Watch

Witness statements off of refugees involved in similar cases

In order to get refugee status one or more of the below has to apply to you

1951 UN Refugee Convention Definition:-

A well-founded fear of persecution for reasons of:

Race
Religion
Nationality
Membership of a particular social group or political opinion

and is unable or owing to such fear, is unwilling to avail himself of the
protection of that country.

In order to have leave under human rights, articles 2 or 3 need to be
relevant to your case:

The European Convention on Human Rights A quick guide

Article 2 Right to life

Article 3 Prohibition of torture & cruel, inhuman and degrading treatment

Article 4 Prohibition of slavery & enforced lLabour

Article 5 Liberty and security of the person

Article 6 Fair trial

Article 7 No punishment without lawful authority

Article 8 Privacy and family life

Article 9 Freedom of thought, conscience
& religion

Article 10 Freedom of expression

Article 11 Freedom of assembly

Article 12 Right to marry

Article 13 Effective remedy

Article 14 Prohibition of discrimination