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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

The Asylum and Immigration Tribunal

The Asylum and Immigration (Treatment of Claimants etc) Act 2004 replaced the Immigration Appellate Authority (IAA) with the Asylum and Immigration Tribunal (AIT) (section 26 of the Act). Parts of the Act are already in force, and the AIT will came into play on 4th April 2005, governed by ‘The Asylum & Immigration Tribunal (Procedure) Rules’ 2005. The new system allows an asylum seeker to appeal against their initial refusal of asylum to the AIT. (This appeal is lodged with the AIT itself and not the Home Office as before). The appeal should be lodged within 10 working days of receipt of the refusal. The AIT will conduct an oral Hearing of the case before a panel of up to three members, legally qualified or not (this replaces the previous hearing before an adjudicator).

Once the AIT issues its determination, it can be asked to review its own decision, but only if there has been a material error of law. Depending upon the constitution of the Tribunal which heard the first appeal, the rights of appeal against their decision are slightly different.

1. In cases where the appeal was heard by a single Immigration Judge or by a mixed panel, the procedure is as follows:
   • Within 5 working days of receipt of the AIT’s decision, an application for permission to appeal to the Outer House of the Court of Session should be lodged with the Tribunal.
   • During the period between lodging the application and the Court of Session deciding it, the AIT will perform an initial “paper consideration” of the application.
   • As a result of this reconsideration, the AIT can, if it believes there was a material error of law, order that the appeal be fully reconsidered by the AIT.
   • If the AIT refuses to order a reconsideration of the appeal, the appellant has 5 days to ‘opt-in’ to the Outer House of the Court of Session for it to review the AIT’s decision to refuse reconsideration.
   • After the Outer House decides the review, it can either grant the review (sending the appeal to be fully reconsidered by the AIT), or refuse the review (either bringing appeal rights to an end, or, if a sufficiently important point of law is raised, referring the appeal to the Inner House of the Court of Session for consideration).
   • The Inner House can then either affirm the AIT’s decision, remit the appeal to be fully reconsidered by the AIT, make any decision that the AIT could make, affirm vary or give a section 87 direction.
2. In cases where the appeal was heard by a panel of legally qualified Tribunal members, the procedure is as follows:
   • Within 10 working days of receipt of the AIT’s decision, an application for permission to appeal to the Inner House of the Court of Session should be lodged with the Tribunal.
   • The Tribunal can refuse the application. The appellant would then have the right to apply for permission to appeal direct to the Inner House itself. The Inner House can refuse to grant permission, or, if allowing permission, order a full oral substantive hearing be conducted by it.
   • If the Tribunal grants permission to appeal, the appeal would flow on to be the subject of a full oral substantive hearing before the Inner House, as above.
   • The Tribunal can also, when considering the application for permission to appeal, direct that its own decision be set aside due to an administrative error. The AIT would then re-hear the appeal themselves.
   • If the appeal is fully heard by the Inner House, they can either affirm the AIT’s initial decision, remit the appeal to be re-heard by the AIT, make any decision that the AIT could make, or affirm vary or give a section 87 direction.

Link to AIT website.