Seeking Refuge? - Rights of Women
Seeking Refuge? - Rights of Women Seeking Refuge? - Rights of Women
that you are prepared to take steps to leave the UK. The basis of your claim for financial support is your fresh claim. Once your fresh claim is accepted by the UK Border Agency (this means that they agree that it contains new and relevant information and they are now deciding whether you are entitled to protection), you will then be entitled to Asylum Support, which consists of cash payments and accommodation. For more information about financial support for asylum-seekers, see Chapter 11. How will my fresh claim be decided? Once you have made a fresh claim, you have to wait for a decision to be made on it by the UK Border Agency. There is no timescale for dealing with these applications, so it is impossible to say how long it will take for a decision to be made on your case. The fact that your claim is accepted as a fresh claim does not mean that you will be granted protection in the UK. The law that will be considered when deciding your fresh claim is the same as the law that applies to other asylum applications. For further information about this, see Chapter 2. What happens if the UK Border Agency does not accept my fresh claim? If the UK Border Agency refuses to accept that the new information you provide amounts to a fresh claim, then you can challenge that decision by judicial review. This is a very complex area of law, so you will need to seek legal advice. What happens if my fresh claim is refused? If your fresh claim is refused, you will have a new right of appeal against the decision to an Immigration Judge at the Asylum and Immigration Tribunal. This is a very complex area of law, so you will need to seek legal advice. For further information about appeals, see Chapter 8. Things to remember • If you have made a claim for asylum that has been finally refused, but you have new information that: o has not already been considered; and o taken together with the previously considered material, creates a realistic prospect of success; you may have a fresh asylum claim. • If you make a fresh asylum claim, you can apply for financial support. • If you make a fresh claim that is accepted by the UK Border Agency, they will have to make a new decision on your case. If they refuse to grant you protection in the UK, you will have a new right to appeal against that decision. 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 For information about Asylum Support law and appeals at the Asylum Support Tribunal, contact the Asylum Support Appeal Project. If you want to discuss an asylum support problem with someone, contact your local One Stop Service such as: • Refugee Action • Refugee Council • Migrant Helpline • North of England Refugee Service • Welsh Refugee Council For information about returning to your country of origin, see: • Choices • International Organisation for Migration. See Chapter 12 at the end of this book for the contact details of these, and other useful organisations. 64
11 Financial and other support through the asylum process Introduction If you have made an application for protection in the UK, you may be entitled to asylum support while a decision is made on whether or not you will be allowed to remain in the UK. Asylum support includes cash payments and accommodation. Whether or not you are entitled to asylum support depends on your financial situation, your personal circumstances (such as whether you have a health problem or disability) and what stage your application for protection in the UK is at. This Chapter will give you information on what financial and other support you may be entitled to, and what support is available for those who have had their claim for protection refused. The law discussed here is very complicated. This Chapter is written to give you information about the law, but it is not legal advice. Asylum support law is a different area of law to immigration and asylum law. 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 may be able to assist you with immigration law and / or asylum support law issues. “ Asylum support is the financial support that asylum-seekers who have not had a decision made on their case receive. It may include cash for essential things and accommodation. Asylum support used to be called NASS support. ” For more information about the law that determines who is entitled to protection in the UK, see Chapter 2. “ If you have a question about your asylum support, you should ask your case-owner or, if you don’t have a caseowner, you can contact the Asylum Support Customer Contact Centre on 0845 602 1739 (open 09.00-21.00 Monday to Friday but not bank holidays). The case-owner is the person who works for the UKBA who is responsible for your case. You may have one case-owner throughout your case or you may have different case-owners at different stages in the process. ” ) Case-owners have a number of responsibilities including: - Interviewing you. - Making an initial decision on whether you should be granted protection in the UK or whether your claim should be refused. 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. 65
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11<br />
Financial and other support<br />
through the asylum process<br />
Introduction<br />
If you have made an application for protection in<br />
the UK, you may be entitled to asylum support<br />
while a decision is made on whether or not you<br />
will be allowed to remain in the UK. Asylum<br />
support includes cash payments and<br />
accommodation.<br />
Whether or not you are entitled to asylum support<br />
depends on your financial situation, your personal<br />
circumstances (such as whether you have a health<br />
problem or disability) and what stage your<br />
application for protection in the UK is at. This<br />
Chapter will give you information on what<br />
financial and other support you may be entitled<br />
to, and what support is available for those who<br />
have had their claim for protection refused.<br />
The law discussed here is very complicated.<br />
This Chapter is written to give you<br />
information about the law, but it is not legal<br />
advice. Asylum support law is a different<br />
area <strong>of</strong> law to immigration and asylum law. If<br />
you have applied for protection in the UK, or<br />
are thinking about doing this, it is very<br />
important that you seek legal advice from a<br />
solicitor or immigration advisor. You can also<br />
contact <strong>Rights</strong> <strong>of</strong> <strong>Women</strong>’s legal advice line.<br />
See Chapter 12 at the end <strong>of</strong> this book for<br />
information about organisations that may be<br />
able to assist you with immigration law and /<br />
or asylum support law issues.<br />
“<br />
Asylum support is the financial<br />
support that asylum-seekers<br />
who have not had a decision<br />
made on their case receive. It<br />
may include cash for essential<br />
things and accommodation.<br />
Asylum support used to be<br />
called NASS support.<br />
”<br />
For more information about the law that<br />
determines who is entitled to protection in the<br />
UK, see Chapter 2.<br />
“<br />
If you have a question about<br />
your asylum support, you should ask your<br />
case-owner or, if you don’t have a caseowner,<br />
you can contact the Asylum<br />
Support Customer Contact Centre on<br />
0845 602 1739 (open 09.00-21.00 Monday<br />
to Friday but not bank holidays).<br />
The case-owner is the person<br />
who works for the UKBA who is<br />
responsible for your case. You<br />
may have one case-owner<br />
throughout your case or you<br />
may have different case-owners<br />
at different stages in the<br />
process.<br />
”<br />
)<br />
Case-owners have a number <strong>of</strong> responsibilities<br />
including:<br />
- Interviewing you.<br />
- Making an initial decision on whether you<br />
should be granted protection in the UK or<br />
whether your claim should be refused.<br />
Your legal representative (or you, if you don’t<br />
have a legal representative) should be in close<br />
contact with your case-owner(s) throughout<br />
the process.<br />
65
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