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Authorised and Regulated by the Solicitors Regulation Authority SRA No. 68520

Asylum, Deportation and Removal, Detention and Bail

Asylum

Article 1 of the United Nations Convention Relating to Status Of Refugees 1951 and Protocol; of 1967 (the Geneva Convention) defines the term ‘refugee’ in international law. The main part of the definition refers to a person who “owing to a well founded fear of being persecuted for the reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable, or owing to such fear, unwilling to avail himself of the protection of that country”.

Asylum seekers can make their application at their port of entry to the UK or after entry to the Immigration and Nationality Directorate (IND). They should apply as soon as possible. In some cases, claimants should pursue their claim in another EU member state or other safe country, and if so, we remove them to that country.

Screening

Home Office will screen applicants to establish their identity and nationality With interpreters present if necessary. We take fingerprints to guard against fraud and multiple applications.

Induction

Increasingly, claimants go through an induction process where they learn about their rights and responsibilities. Induction can take place in a designated Induction Centre, Oakington Reception Centre, or in a Removal Centre.

During the induction process all claimants receive an Application Registration Card (ARC), containing their personal details. They need to present their ARC to access the services provided for them as asylum seekers. Induction also includes details of the Voluntary Assisted Return Programme.

Deportation And Removal

The Home Secretary has powers to make a deportation orders. A deportation order requires a person to leave the UK and prohibits him from re-entering while the order is in force. It also invalidates any leave to enter or remain.

You can lodge an appeal against the deportation order.

You can also make an application and request the Home Secretary for revoking a deportation order.

Removal from the UK is often described as ‘administrative removal’, as that is what it is in reality, namely an administrative step. The following people can be removed from the UK.

  • anyone who has failed to observe the conditions attached to their leave;
  • overstayers;
  • anyone who has obtained leave to remain by deception or sought to obtain such leave by deception;
  • the family member of such people;

You can challenge the removal if you have grounds to remain in the UK, or if you have a pending application with the Home Office.

Detention and Bail

The right to apply for bail, to the immigration Service, Home Office or to the Asylum and Immigration Tribunal applies to almost everyone in immigration detention.

We can assist you in submitting :-

  • Applications for temporary admission and temporary release
  • Chief Immigration Officer’s Bail
  • Bail from an Immigration Judge
  • Bail from the High Court