Seeking Refuge? - Rights of Women

efuse you protection that the UK Border Agency
will decide whether or not your appeal should be
decided under the non-suspensive appeals
process.
If you are from one of the above countries, the UK
Border Agency will decide that your claim should
be decided under the non-suspensive appeals
process unless your case is not clearly
unfounded.
A claim is clearly unfounded if it is so clearly
without substance that it is bound to fail 26 . This
means that claims are clearly unfounded if, when
looking at them, the UK Border Agency thinks
that they are almost certain to fail.
In a later Court of Appeal decision 27 , it was
decided that the factors which should be taken
into account when deciding whether or not a
claim is clearly unfounded are:
• the facts of the case;
• how the facts of the case relate to what is
known about the country the asylum-seeker
has come from;
• whether the account that the asylum-seeker
has given can be believed, either entirely or in
part; and,
• whether, if the account can be believed, it comes
within the relevant law (see Chapter 2).
An example of a case that would be clearly
unfounded would be where a woman claimed
asylum in the UK, but in her application stated
that she did not fear harm and instead came to
the UK to work. Alternatively, a claim could be
clearly unfounded if a person could have gone to
another part of their country to be safe.
If you think that your appeal should be held
within the UK, you should seek legal advice as
soon as possible.
Your legal representative can challenge the
decision to make your appeal one that is heard
outside of the UK through judicial review
proceedings. Judicial Review is the process
through which decisions taken by the UK Border
Agency (and other public authorities) can be
challenged before a court. In considering whether
or not your claim is clearly unfounded, the court
will look carefully at your application and any
supporting evidence that you have.
If you have to appeal against your decision from
outside the UK (because your claim is to be
decided under the non-suspensive appeals
process), you have to submit your notice of appeal
to the AIT within 28 calendar days of leaving the
UK. The type of appeal form you have to
complete is: AIT 3 form Exercising your right
of appeal after having left the UK. This form
and the notes that accompany it will be sent to
you with your decision letter. They can also be
downloaded from the AIT website here:
www.ait.gov.uk/FormsGuidance/standardAppealF
orms.htm. In addition to discussing your appeal
with your legal representative, you should also
talk to her (or him) about how you can stay in
touch with them when you are in your country.
Appeals in detention
If you are in detention, you will have to submit your
notice of appeal within five working days of being
given the Home Office decision notice.
If your case is being decided under the detained
fast-track, you have to submit your notice of
appeal within two working days of being given
the Home Office decision notice. For further
information about the detained fast-track, see
Chapter 4.
You can give your notice of appeal to the officers
in the detention centre who are responsible for
you. They will give it to the AIT immediately. The
Home Office must then give you and the AIT the
documents for the appeal.
The rules setting out the procedure for
appeals in the detained fast-track are the
Asylum and Immigration Tribunal (Fasttrack
Procedure) Rules 2005 you can read
them here:
www.opsi.gov.uk/si/si2005/2005 0560.htm
There are a number of legal representatives who
work with women in detention. You will be given
a legal representative to assist you with your case
if you are eligible for public funding (otherwise
known as legal aid). On the day you arrive in
detention, or the next day, you will be given time
to see your legal representative. It is important to
give your legal representative as much information
about yourself and your case as you can. This
information will help them to present your case.
Your legal representative will also be able to
advise you on a negative decision and appealing
against it.
Due to the speed in which decisions are taken in
the fast-track, your legal representative (or you, if
you don’t have one) can apply to the AIT for your
appeal:
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