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Asylum Procedure

Part 1: Introduction to Asylum Law

Immigration Law Asylum Law

Part 2: Introduction to Asylum Procedure

Applying for Asylum Port Applicants In-country Applicants Safe Third Countries Safe Countries of Origin The Decision-making Process Statement of Evidence Form Unaccompanied Minors and SEFS One Stop Notice and Statement of Additional Grounds Interviews Young Unaccompanied Asylum Seekers and Interviews Age Disputes Detention of Unaccompanied Minors The Decision Decision-making and Children Persecution of Children If the Claim is Successful If the Claim is Refused Where there is No In-Country Right of Appeal Child Applicants and Non-Suspensive Appeals The Adjudicator/Immigration Judge The Asylum and Immigration Tribunal Interpreters and Translators Judicial review Non-removal of Unaccompanied Minors

Section 1: Support from National Asylum Support Service

Applications to National Asylum Support Service Dispersal Unaccompanied Minors Not Normally Dispersed Asylum Seeker Families Destitute Adult Asylum Seekers Late Claims For Asylum NIAA 2002 Section 55 Challenges to Section 55 NASS Guidance on Late Claims Late Asylum Claims From Families and Unaccompanied Children Failed Asylum Seeker Families Failed Asylum seekers Without Children IAA 1999/Section4/Hard Cases Support 2004 Act Changes to Hard Cases Support Appeals: the Asylum Support Adjudicators Destitution – The Position For Unaccompanied Minors

Section 2: Local Authority Support

Support for People who Claimed Asylum Before 3 April 2000 Are Post-April 2000 Asylum Seekers Entitled to Local Authority Support? Needs Arising Solely Because of Destitution or its Physical Effects Needs Arising Otherwise than Solely Because of Destitution SWSA Section 12A Consequences of the NASS Duty to Destitute Asylum Seeker Families Local Authority Duties to Unaccompanied Minors What Happens When a Young Unaccompanied Asylum Seeker Turns 18? The Hillingdon Case in Scotland Summary of Local Authority Duties Destitution – The Position for Unaccompanied Minors

Status, Rights & Issues

What is an Asylum Seeker? Families What are Unaccompanied Minors or Separated children ? Unaccompanied Minor Asylum Seekers Rights to Stay Overseas Travel Travel Documents Family Reunion Healthcare Marriage Work Housing Homelessness Education Detention Legal Aid Forms of Leave to Remain in the UK Leave to Remain on Human Rights Grounds Adoption Fostering Female Genital Mutilation Asylum and Immigration Implications for HIV/AIDS Diagnosis Mental Health Issues Destitution Minors

Legislative Framework

Relevant Provisions of the Children (Scotland) Act 1995, and their Interface with Immigration and Asylum Provisions Selected International Materials European Union Materials Regulations Directives Soft Law Measures Some UK Statutes on Immigration and Asylum Secondary Legislation Procedure Rules Statutory Instruments Soft Law Relevant Social Work Legislation

Statement of Evidence Form

A Statement of Evidence Form (SEF) contains questions directed at establishing whether the applicant meets the criteria for refugee status.

An SEF is about 25 pages long and must be completed in English and returned within 10 working days to the Home Office at the address detailed at the end of the form. Any documents which corroborate the claim for asylum, such as newspaper reports, arrest warrants, medical reports etc should be produced as early as possible. If corroborative documents cannot be submitted fully translated along with the SEF, they should be sent as soon as possible thereafter. Credibility is crucial to the asylum claim, so the details in the SEF should be as full, clear and accurate as possible. The time limit for returning the SEF is strictly applied and non-compliance refusals are issued if it is not returned in time. A non-compliance refusal is issued where the asylum applicant has not cooperated with the decision making process. Normally a refusal letter will give reasons for refusing an application, but a non-compliance refusal will simply state that the claim is being refused because the applicant did not comply with the process. The importance of using good, reliable interpreters and translators cannot be overemphasised. The SEF should be completed as fully as possible as adding/changing information at a later stage can damage credibility.

Since the summer of 2005, not all asylum seekers are being issued Statement of Evidence Forms for completion and under the New Asylum Model SEFs will be phased out completely. For applicants who are not issued SEFs a detailed account of their claim is being recorded at the substantive asylum interview.