The individual immigration process can be long and arduous, and there is several different routes worth consideration. Whether you want to reunite with family, move in with a partner, launch a new career path, or simply become a British citizen, our in-house individual immigration specialist can offer the pertinent options in relation to your situation. We could be the first step to starting your new life in the UK.
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Milestone Solicitors firmly upholds justice and commits to its dire need in the cases of individual asylum seekers. Our firm’s individual immigration team has a proud reputation for protecting and representing vulnerable individuals from nationalities and backgrounds across the world.
We understand this is a difficult time and a colossal task. Our expert team has expended a great deal of time and effort to understanding the needs of individual asylum seekers, and keeps their finger on the pulse of change within the global and political spheres which might affect the requirements to gaining access to the UK. A steady passion for human rights has helped us achieve a high success ratio among clients.
Asylum in the UK
By ‘asylum’ it is meant a person is seeking “protection or safety from danger or imminent harm provided by a sheltered place.”
The UN Convention Relating to the Status of Refugees (“the Refugee Convention”) was approved at a special United Nations conference on 28 July 1951. It was initially limited to protecting European refugees after World War II, but a 1967 Protocol removed the geographical and time limits, expanding the Convention’s scope. There are now 147 signatories to either or both the Convention and Protocol. The UK is a signatory to the Convention and “must afford all the Convention rights to anyone who is a refugee”, within the meaning of Article 1A, to avoid a breach of the UK’s international obligations.
By definition, a refugee is a person who has a well-founded fear of persecution on account of one or more of the following five Convention reasons:
- Membership of a particular social group
- Political opinion
The person concerned must be outside their country of origin or habitual residence and be unwilling or unable to seek protection from or return to their country or habitual residence out of fear.
What is Persecution?
Persecution is seen as the combination of a “failure of state protection” and “serious harm”. A continued failure of state to protect fundamental freedom and human rights, coupled with the presence of a threat to these freedoms and human rights to individuals who belong to one or more of the five groups specified above, would constitute persecution.
It is essential that the fear of persecution be based on one or more of the five Convention categories. It is not enough to state that the asylum seeker is a member of a race, religious sect, ethnic group, or political party. It must be proven that they are being targeted or discriminated against because of one of these conditions. Bear in mind that “Membership of a particular social group” is an umbrella term which covers aspects such as sexual orientation, membership of a targeted family, gender, and so on.
If unable to attain refugee status, an individual may still be granted some other form of Humanitarian Protection or Discretionary Leave outside of the Convention. It may be possible to acquire protection under European Human Rights Law if the client can show that they would face cruel, inhuman and degrading treatment subject to their return, in particular, torture. In such instances, their claim would not have to be strictly linked to one of the five Convention reasons.
How Milestone Solicitors Can Help You With Your Asylum Matter
The onus to provide proof of a “well-founded fear” is on the asylum seeker. Milestone Immigration Solicitors can review the evidence at hand as well as any expert evidence to deduce whether or not you have a claim. This can be achieved by presenting evidence to suggest that returning to your place of origin would pose a “serious possibility” or “a reasonable degree of likelihood” that you would face persecution. We also highlight any violations to human rights that may have taken place.
Our expert UK immigration lawyers can assist you with the following:
- Asylum support
- Family Reunion
- LGBT support
- Application for an integration loan
- Section 4 bail address and support
- Section 4 extra services or facilities
- Detained Asylum Cases
- ‘Clearly Unfounded’ Certificates
- Safe Third Country Cases
- Fresh Asylum Cases
- Humanitarian Protection
- Victims of trafficking
- Legacy Cases
- Settlement in the UK
- Challenging Decisions
- Premium and Priority Visa Services
- Judicial Review
Our Asylum Department is directly headed by Uma Devi Rajasundram (Managing Director), who has a portfolio of great success in winning her cases.
For a free consultation with an expert lawyer within our passionate team, please get in contact.