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subject: Asylum-uk-outsourced [print this page]


An issue such as asylum seeking will always stir emotions. You will have a combination of genuine refugees and fake ones, and once you throw politics into the mix, in just results in one big controversy.

The process of claiming asylum is a long, difficult and dangerous task for those refugees. But upon reaching the U.K., their troubles deepen as they attempt to deal with the legal and political system which is intent on keeping them out.

What is important to understand is that there is no international obligation to grant asylum to genuine refugees. Rather the obligation is to not refouler (return) refugees to their country of origin if by doing so, you cause that refugee to be placed in danger.

This is reflected in article 33 of the Geneva Convention Relating to the Status of Refugees 1951, which is the primary source of refugee law, which states:

No contracting state shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

It is worth noting that the Refugee Convention was drafted to deal with the displacement of people caused by the Second World War. As a result, the Refugee Convention remains fundamentally a part of international law and does not lend itself well to new causes of refugee movements such as the oppression of women and abuse of children.

There is no doubt that immigration control is an exercise of executive power, most specifically by the home office. What is of slight concern is the integration of immigration control with applications for asylum within one department. Most nations do treat them as separate issues because of the distinct nature of asylum claims. Such integration has resulted in a very visible border control mentality, allowing draconian measures of detention facilities to be used without question.

The Process of An Application for Asylum.

The first obstacle for refugees is actually physically getting to the U.K. In order so they may travel, refugees will often have to forge documents, a factor that reduces the credibility of their application. Airlines face substantial fines if they bring in people with forged documents which has lead to a increase in border security at airports. The only real option that remains is by sea.

Once at a port or airport, in the UK, refugees should inform an immigration officer that they wish to claim asylum. By doing this, refugees may be able to claim benefits.

Throughout the application process, the credibility of the applicant is assessed. This could be by the use of forged documents and changes in behaviour. Some applications can take up to 4 years to be processed.

Applicants will attend a screening interview where fingerprints are taken and identities are established. Afterwards, the applicant is given an asylum registration card which contains all the biometric data. At this point the long process of interviews, evidence gathering and authentication begins. Making a claim is extremely difficult, so if you can find a solicitor to take on your claim, do it!

by: Antonia Torr




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