This category of people refers to individuals who are awaiting judgement on their claim for asylum. Any foreign national can claim asylum in the UK by informing the Border & Immigration Agency (BIA) that they are fleeing persecution on grounds detailed in the 1951 UN Convention. While an asylum seeker’s claim is being considered, he or she is entitled to the full protection of the law. More details are available on the UKBA website: http://www.ukba.homeoffice.gov.uk/asylum/
In order to apply for asylum, all applicants must make an appointment with UKBA to attend their Asylum Screening Unit in Croydon. The screening interview is undertaken in order to establish the applicant’s identity and nationality. At this stage, all of the applicant’s official documents are surveyed and fingerprints are taken to guard against fraud and multiple applications. All claimants will be issued with an Application Registration Card (ARC), containing their personal details. This card will later be used to collect financial support if this is required.
Once asylum seekers make their initial claim, and if they are unable to support themselves, they will be provided with initial accommodation and are asked to partake in an induction process. The induction process normally takes between seven and fourteen days to complete but complex cases may take longer. During this time, claimants are assisted to make an application to UKBA Asylum Support for financial support and longer term accommodation.
Following the induction process, and once UKBA have approved a claimant’s application for support, asylum seekers may be dispersed to one of a number of destinations across the UK. Accommodation is offered on a no-choice basis and is provided by various Home Office partners. Glasgow is currently the only local authority in Scotland that accommodates dispersed asylum seekers, although there are a number of asylum seekers living with friends or relatives in other parts of Scotland.
Asylum seekers present a variety of evidence in support of their claim and are assisted by legal representatives and interpreters throughout this process. The procedure for judging the veracity of a claim is complex and draws on evidence such as human rights reports from an applicant’s country of origin, medical reports, language tests, and details of the applicant’s travel to the UK. If a decision goes against an asylum seeker, he or she will have the right to appeal. Appeals are heard by the Asylum and Immigration Tribunal; judicial oversight of the Tribunal’s determinations can only be requested where a judgement is contested on a point of law. Only a small proportion of asylum claims are granted: the latest statistics can be found on the webpage of the Immigration and Nationality Directorate.
Once an asylum claim has been settled, the applicant will either be given leave to remain or will be expected to leave. For those who receive a positive decision, one of the following options will be conferred:
It is expected that anyone who has received a negative decision (and therefore has had their temporary access to the UK revoked) should take steps to leave the UK. If appeal rights have been exhausted, single or childless applicants will no longer be entitled to government support and will be removed from the country if they do not leave voluntarily. In some circumstances it is possible for a person in this situation to apply for Section 4 support, which is provided to persons who are making arrangements to leave, or who are unable to return home at that time. Those with dependent children aged under 18 will currently continue to be supported by the government until such time as they leave the country.