Seeking Refuge? - Rights of Women

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Case-owners have a number of responsibilities including: - Meeting you at the first reporting event (see above). - Being responsible for any reporting conditions that are imposed on you. - Conducting your asylum interview. - Working with your legal representative to clarify the issues in the case. - Controlling the progression of your case by altering the times that certain things are done (for example, the date of the interview), if flexibility is required. - Making an initial decision on whether you should be granted protection in the UK, or whether your claim should be refused. - Ending your case by either assisting you with your integration in the UK, or arranging for your re-documentation and removal. Your legal representative (or you, if you don’t have a legal representative) should be in close contact with your case-owner(s) throughout the process. The asylum interview The asylum interview is a very important part of the process in deciding your application for asylum. For information about the interview, and the evidence that may be provided to a case-owner to help them make a decision, see Chapter 5. Decision After the interview, the case-owner will examine all the information and evidence which you and your legal representative have put forward, and decide whether or not you should be given protection in the UK. Things to remember • It is important to claim asylum as soon as reasonably practicable. If you have delayed in claiming asylum, it is important that you explain the reasons for this. • When you are screened to check your identity, you will be asked questions about why you cannot return home. It is important to answer these questions clearly, as your answers may be used to decide whether or not you should be given protection in the UK. • If you are not detained, you may be given temporary admission or be released subject to certain reporting restrictions. • You can ask for a female case-owner, so that you are interviewed by another woman. You can also ask for a female interpreter. You may have the same case-owner throughout the asylum process, or you may have different caseowners at different stages of the process. Support organisations For legal information and advice on immigration and asylum law, see: • Anti-Trafficking Legal Project (ATLeP) • Asylum Aid (includes the Refugee Women’s Resource Project) • Community Legal Advice • Immigration Advisory Service • Immigration Lawyers Practitioners Association • Refugee and Migrant Justice (formerly the Refugee Legal Centre) • Rights of Women To discuss any other problem, contact your local One Stop Service: • Refugee Action • Refugee Council • Migrant Helpline • North of England Refugee Service • Welsh Refugee Council See Chapter 12 at the end of this book for the contact details of these, and other useful organisations. 24
4 The New Asylum Model: The detained fast-track Introduction This Chapter explains one of the processes that a person who applies for asylum may go through to have their claim decided. All applications for asylum are considered by the UK Border Agency 14 . There are currently two systems in operation for deciding claims for asylum: the New Asylum Model (NAM) and the Case Resolution Directorate (CRD). See Chapter 6 for information about the Case Resolution Directorate. Some cases were dealt with under NAM from May 2005. From 5th March 2007, all new claims for asylum will be dealt with through NAM. Overview of the process This flow chart provides an overview of the process of having a claim decided if you are in the Detained Fast-Track Under NAM there are currently two systems for determining applications: general casework and the detained fast-track. This Chapter will give you information about the process you will go through in order to have your claim for asylum determined, if you are in the detained fast-track. The law discussed here is very complicated. This Chapter is written to give you information about the law, but it is not legal advice. If you have applied for protection in the UK, or are thinking about doing this, it is very important that you seek legal advice from a solicitor or immigration advisor. You can also contact Rights of Women’s legal advice line. See Chapter 12 at the end of this book for information about organisations that provide legal advice. Arrive in the UK, claim asylum at UK port or airport or claim in-country as soon as reasonably practicable Under the detained fast track the different stages of the process take place on particular days on a very tight timescale. It is somethimes possible to have these timings changed: see below for further information. Cases that are dealt with under the detained fast track are usually resolved within 21 days. Day 1 Day 2 Screening Arrival in Immigration Removal Centre Asylum interview Day 3 Initial decision given to you Some people can only appeal their cases from outside the UK. For information about appeals, see Chapter 8 Day 9 Appeal a negative decision to the Asylum and Immigration Tribunal 14 It used to be called the Border and Immigration Agency (the BIA) and before that the Immigration and Nationality Directorate (the IND). 25
Page 1 and 2: Seeking Refuge? A handbook for asyl
Page 3 and 4: Seeking Refuge? A handbook for asyl
Page 5 and 6: Contents Chapter 1: Introduction 8
Page 7 and 8: Chapter 9: Final refusal and remova
Page 9 and 10: epresentative. If you are supportin
Page 11 and 12: For information about how claims ar
Page 13 and 14: Would you be safe anywhere else? In
Page 15 and 16: Women may experience violence for a
Page 17 and 18: • Article 8 Right to respect for
Page 19 and 20: Your right to be free from inhuman
Page 21 and 22: 3 The New Asylum Model: Non-detaine
Page 23: the UK and what travel documents yo
Page 27 and 28: Case-owners have a number of respon
Page 29 and 30: Depending on your financial circums
Page 31 and 32: 5 Your Asylum Interview Introductio
Page 33 and 34: • look at the law that determines
Page 35 and 36: Support organisations For legal inf
Page 37 and 38: There are a number of different tea
Page 39 and 40: The law that determines whether or
Page 41 and 42: 7 Successful applications: an expla
Page 43 and 44: Unlike Refugee Leave or Humanitaria
Page 45 and 46: 8 Negative Decisions and Appeals In
Page 47 and 48: Your legal representative is the pe
Page 49 and 50: • to be adjourned (to take place
Page 51 and 52: In the room where your appeal will
Page 53 and 54: The process of deciding the appeal
Page 55 and 56: • At your appeal, your legal repr
Page 57 and 58: Voluntary Return and Assisted Volun
Page 59 and 60: • If you, or any member of your f
Page 61 and 62: 10 Fresh claims Introduction A fres
Page 63 and 64: Does the new information create a r
Page 65 and 66: 11 Financial and other support thro
Page 67 and 68: part of your asylum support and you
Page 69 and 70: What happens if someone in my famil
Page 71 and 72: order to challenge the decision 30
Page 73 and 74: y £35 every week and you can carry
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Education While you are in the UK,
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Choices Provides confidential, inde
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Rights of Women Provides women with
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Seeking Refuge? - Rights of Women

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