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Asylum & Human Rights Applications
At OTS Solicitors we have a team of specialist Law Society accredited asylum and human rights lawyers on standby to assist you and your loved ones to seek asylum or to submit a human rights application to obtain your right to stay in the UK.
If you are unable to return to your country because either:
- You fear being persecuted and you wish to seek asylum protection in the UK; Or
- You have spent a considerable amount of time in the UK and you believe that you have established strong ties to the UK
We can advise on the best available options to someone in your circumstances to obtain a right to stay in the UK. This can either be obtained through claiming Asylum and seek protection in the UK, or by submitting an application to the Home Office on the basis of your human rights, such as your Article 8 right to respect of your family and private life, or Article 3 right which prohibits you from being subject to torture, or inhuman and degrading treatment.
How is a Human Rights Application Decided?
Under the human rights Act 1998 if owing to any exceptional, compassionate and compelling circumstances you wish to remain in the UK, you may be entitled to apply to remain on a human rights grounds. These types of applications are considered outside the Immigration Rules, and may entitle you to Limited or Discretionary Leave To Remain.
It will be necessary for your OTS immigration Solicitor to carry out a detailed assessment of your personal circumstances to identify on which basis of the human rights Act you may be entitled to settle in the UK, such as Article 8 Family and Private Life.
Our solicitors will carefully and meticulously:
- Consider your documents and ensure that you obtain the correct evidence to help support and strengthen your case
- Draft, Review and Prepare your human rights Application
- We will speak to our contacts in the Home Office and ensure that your Application is considered and decided in a correct and timely fashion
How is an Asylum Application decided?
If you wish to seek asylum in the UK, you are asking the UK to protect you because you are a refugee fleeing a country where you will be persecution on account of one or more of the following reasons: Race, Religion, Nationality, Membership of particular social group, Political opinion.
You must also be in the UK to claim asylum and show that you are not willing or unable because of your fear of return, to seek protection from or return to your country of origin.
Specialist Team of Asylum and Human Rights Solicitors
Our diverse team of specialist asylum and human rights solicitors will advise you throughout the process and talk you through the proof you need to provide to win your case. Our solicitors have particular expertise in Middle East, Asia and African asylum and human rights cases and we have access to specific country information and evidence to ensure that your application is prepared to the highest standard.
Our advisers can accommodate all languages and dialects as we have a network of translator to assist us in offering the best legal advice and services to all our client. We also work with a select number of renowned immigration barrister and experts such as Mark Symes, David Jones, and Amarjit Kaur of Garden Court Chambers, Andreas Pretzell of Lamb Building Chambers, Danny Bazini of No 5 Chambers, Guy Davidson of Grey’s Inn Square, and other highly eminent barristers.
We are therefore able to assist you with:
- Applications to stay in the UK based on your fear of return and Asylum protection in the UK
- Applications to stay in the UK based on your ties to the UK and human rights violations
- Applications based on Article 8 Violation of Respect to Your Family and Private Life in the UK
- Applications based on Refugee Family Reunion Policy
- Fresh Claim Applications on Asylum or human rights Grounds
- Applications Challenging your Exclusion from the Refugee Convention
- Applications for Children and Young People subject to immigration Control
- Applications for Victims of Domestic Violence, Rape, Trafficking, Sexual Orientation and FGM
- Application based on Article 3 Violations on Fear of Torture, Inhumane or Degrading Treatment
- Representing you in immigration and Asylum Appeal before the Tribunal and Higher courts
- judicial review Applications Challenging the Home Office decision and instigating an Administrative Review of any Asylum and human rights matters from the High Court, and immigration and Asylum Upper Tribunal
- Applications for immigration Detention Bail and Temporary Admission
Our Specialist Asylum and human rights solicitors are some of London's leading experts in this are and have been awarded the specialist immigration quality mark by the Law Society for their renowned success and in-depth knowledge of this area of Immigration Law.
Our Immigration Lawyers will ensure that you and your dependants receive the best legal advice on Asylum and human rights Applications and Appeals. Please contact OTS immigration solicitors on 0203 959 9123 or contact us online for your initial consultation.
For a more detailed discussion regarding your case, or to book an appointment with a member of our Individual Immigration team, please call us now on 0203 959 9123
Asylum & Human Rights Applications Success Stories
By Oshin Shahiean and Hans Sok Appadu, of OTS Solicitors
Oshin Shahiean is a founding partner at OTS Solicitors. He has years of experience in Immigration Law and has handled hundreds of applications from EEA nationals for permanent residence Cards. Oshin is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally. Hans Sok Appadu is a senior Level 2 Accredited advisor and Trainee Solicitor.
OTS Solicitors is a Legal 500 recommended law firm, and we have won numerous other awards for our immigration services (including a Global Excellence Award for the Most Trusted in Immigration Law). Oshin and Hans regularly advise and represent high-profile people who are seeking asylum in the UK.
The rules around seeking asylum in the UK
If a person is facing persecution in their own country, they can escape to another nation and ask to claim asylum.
Strict international laws and conventions govern asylum, and the UK is a signatory to all major international treaties governing refugees.
Even if you enter the UK illegally, once you have claimed asylum you are no longer considered an illegal immigrant and you are entitled to protection while your claim for asylum is being processed.
The two pieces of international law that govern the asylum process are:
1951 Geneva Convention Relating to the Status of Refugees – 145 States have ratified this convention. It defines what a refugee is, outlines their rights and states the legal obligations ratifying countries have to protect them. Its core principle is non-refoulment, which means that no State can return an asylum seeker to a country where they face persecution. The non-refoulment principle is now so entrenched, it has become part of customary international law. To be classed as a refugee, a person must show they have a well-founded fear of persecution due to their race, religion, nationality, political opinions, or membership of a social group, and are unable or unwilling to seek protection from the authorities in their own country. The chance of future persecution can be considered under the 1951 Convention, even if no actual persecution took place before the asylum seeker fled.
1950 European Convention on human rights (ECHR) – if removing a person would breach their rights under this Convention, they may be entitled to claim asylum in the UK. Most claims are based on a breach of Article 3 (right to freedom from torture and inhumane/degrading treatment) and Article 8 (right to private and family life). The UK’s ratification of the ECHR is unrelated to its membership of the European Union. A claim under the ECHR can be brought in conjunction with a claim under the 1951 Geneva Convention Relating to the Status of Refugees, or it can stand alone.
The Common European Asylum System
The Common European Asylum System is designed to unify the asylum process across the UK, and all asylum claims made in an EU country must be considered in light of its provisions. The Reception Conditions Directive sets out the minimum standards of reception (housing, welfare support, health care etc.) that states must provide to asylum seekers.
Included in the Common European Asylum System (CEAS) is the Dublin Regulation, which allows Member States to return asylum seekers to the first Member State in which they passed through where they should have claimed asylum. This is designed to prevent floods of migrants entering Europe through the poorer Southern European countries such as Italy and Greece and moving onto richer countries such as Germany and the UK (which is exactly what happened during the migrant crisis of 2015-16).
There have been two standards set by the CEAS in separate years. The UK opted into the first round in 2005 which set the minimum standards, but decided to opt-out of the second which set common standards. The CEAS has repeatedly been criticised for being too harsh on asylum seekers.
Once Britain leaves the EU, it is not required to be part of the Common European Asylum System, but it may still choose to do so by negotiating an agreement with the EU.
How a decision on an asylum seeker is made
A claim for asylum should be made as soon as possible after you enter the UK. Failure to do this may result in you not receiving money and accommodation from the State.
You will need to attend a screening interview, where your name and other details are collected, and an immigration officer will check if you have claimed asylum in any other European country. Following this, you will attend an asylum interview, where your assigned caseworker will hear your story and discover why you cannot return to your home country. In some cases, following this interview, you may be taken to Harmondsworth immigration Removal Centre or Yarl’s Wood immigration Removal Centre. If this happens, your application will be fast-tracked, meaning the entire decision and appeal process should be completed within 10-14 days.
If you are not detained, you may need to wait up to six months for a decision on whether your asylum has been granted.
If your claim for asylum is refused, you will normally have the right to appeal to the First-Tier Tribunal.
Case Study
Our client was from South East Asia and was an active member of a prominent political party. The Home Office refused our client’s asylum claim and their subsequent appeal was dismissed by the First Tier Tribunal (FTT). The judge did not take the view that our client’s evidence was credible. The client instructed us to deal with their fresh claim, which was based on the latest developments in their home country and their involvement when a senior Minister of that country visited the UK. Our client had various arrest warrants issued against them in their home country and their name was mentioned in various newspapers in South East Asia. We reviewed the merit of the client’s claim and established that it passed the fresh claim threshold. We then prepared a submission on their behalf, after instructing an expert to provide us with an opinion about the risk for someone in our client’s position of returning to their home country. The claim we submitted, along with the expert’s opinions, was persuasive. We instructed expert counsel to give their opinion on the matter. We then booked an appointment with UK Visas and immigration (UKVI) and our client travelled to Liverpool to submit their fresh claim. A few months later, the claim for asylum was allowed and our client was granted refugee status without needing to make a further appeal.
By organising expert opinions from a leading barrister and someone with a strong knowledge of the political situation in our client’s home country, we were able to overcome any credibility issues our client faced.
Our immigration solicitors in London can provide the best advice and representation in relation to obtaining asylum in the UK. Our team is friendly, professional, highly responsive and always available to answer our clients’ questions.
OTS Solicitors is one of the most respected immigration law firms in London and is a Legal 500 leading firm. We work with many businesses and individuals, both in the UK and the Middle East. By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. Please contact us on 0203 959 9123.
By Teni Shahiean, of OTS Solicitors
Teni Shahiean is a founding partner at OTS Solicitors. She has a wealth of experience in Business immigration law, commercial law and employment law and regularly advises businesses on Sponsor Licence acquisition and compliance. Teni is also regularly called on to provide expert opinion on television and print media, both in the UK and internationally.
Under UK law, everyone, irrespective of the evidence against them, is entitled to a defence. This principle is especially applicable in cases involving asylum, whereby a person’s human rights may be violated if they are returned to their country of origin.
Asylum seekers need not be destitute, despite being portrayed as such by the media. Countries that do not have a strong human rights track record, including some in the Middle East, South East Asia and Africa, do not necessarily distinguish between wealth and rank. If a person faces criminal prosecution in certain countries, their access to justice can be severely limited and incarceration inhumane.
OTS Solicitors is a Legal 500 recommended law firm and has won numerous other awards for our immigration service (including a Global Excellence Award for the Most Trusted in Immigration Law). My team and I regularly advise high-net-worth clients who have entered Britain on a Tier 1 Entrepreneur Visa or a Tier 1 Investor Visa, who are facing charges in their home country, claim asylum.
The basic elements of a Tier 1 Entrepreneur Visa and a Tier 1 Investor Visa
Both Tier 1 entrepreneur visas and Tier 1 Investor visas tend to be acquired by people of reasonable or considerable net worth, due to the investment funds required to qualify for this type of entry visa.
To qualify for a Tier 1 Entrepreneur Visa, the applicant must have:
- Access to funds of either £50,000 or £200,000 (there are different rules for each amount). If you have access to £50,000 it must come from either:
- a UK entrepreneurial seed funding competition endorsed by the Department for International Trade (DIT)
- a UK government department making funds available for setting up or expanding a UK business
- a venture capital firm registered with the Financial Conduct Authority (FCA)
If you have access to £200,000, the funds must be:
- your own money
- provided by other people (‘third parties’), such as a spouse, partner or Investor
- in a joint account with your spouse or partner (however, they cannot be applying for a Tier 1 (entrepreneur) visa)
You will also need to pass an English language requirement, have additional funds to support yourself during your time in the UK, score at least 95 points and be 16 years or older.
You can choose to launch a new venture in the UK or invest in an existing company. However, if you are doing the latter, you must be a director of that company and be fully involved in the management and running of the organisation.
Finally, you will need to pass the “Genuine entrepreneur Test” which will require you to submit a business plan which will be inspected by immigration officials and perhaps attend a Home Office interview.
The Tier 1 Investor Visa is designed for high-net-worth individuals who wish to settle in Britain and can invest considerable sums of money in the UK economy.
To be eligible for a Tier 1 Investor Visa, you will need to show:
- you have access to £2million in funds, held in one or more regulated financial institutions which are available to you for investment in the UK
- have opened a UK bank account
- be 18 years or older
Unlike most other visas, there are no English language requirement to be met.
Both the entrepreneur and Investor Visa route provide for accelerated settlement provided certain conditions are met.
Claiming asylum
If you wish to stay in the UK as a refugee, you must claim asylum. You can be granted asylum if you have left your country of origin and you fear to return because of persecution.
Generally, asylum-seekers should claim asylum as soon as they arrive in the UK as their chances of being declined increase the longer they delay their application.
The risk of persecution you face if returned to your home country must be because of:
- your race
- your religion
- your nationality
- your political opinion
- anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation
To be granted asylum, you must have been unable to gain protection from authorities in your own country.
To be granted asylum, you will need to attend an asylum interview. Here you will be asked questions about how you were persecuted in your home country and why you are afraid to return. You should also bring your birth certificate, passport, and medical records if you have them (although it is acknowledged that many people fleeing a country will not have these documents with them).
You are entitled to have an immigration solicitor with you at the asylum interview to provide you with the best advice. OTS Solicitors is highly experienced in attending asylum interviews and supporting clients through them.
OTS success stories
Dr Lusine Navasardyan and I recently assisted a client who had entered the UK on a Tier 1 Investor Visa. The client’s business became involved in allegations of corruption and the client’s home country issued an arrest warrant. Our client was also put on INTERPOL’s wanted list.
Our client sought asylum in the UK but was refused on the grounds that it was prosecution rather than persecution they were facing in their home country.
The client approached OTS for their appeal, and we represented them throughout. Our central argument was that irrespective of whether the client was indeed guilty of the charges brought against them and whether the allegations of corruption against the police in their home country, raised by the client, were true, they faced immediate danger of arrest upon return to their nation of origin. Prison conditions were known to be inhumane, and our client would have had poor quality access to justice.
The appeal was granted on this basis.
To find out how we can help you successfully apply for a Tier 1 Entrepreneur Visa or Tier 1 Investor Visa or claim asylum, please call us on 0203 959 9123.
OTS Solicitors is one of the most respected immigration law firms in London and is Legal 500 leading firm. By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.
The client, a national of a non-EEA member country, entered the UK on a Tier 1 Investor Visa, having previously resided in the UK as a student.
Re-Entered the UK as Tier 1 Investor after gratuation
While in the UK on the student visa, the client continued working for her family's business back home, acting as liaison for the business in the UK, the US and several EU countries. After graduating from her studies in the UK, she left the country and after a while, returned back to the country on as Tier 1 (Investor) migrant.
High Profile Investigations
During the client's residency in the UK as a Tier 1 Investor and before her leave would expire, a high-profile investigation was launched in the US that among other businesses implicated the client’s family business and the client personally into alleged counterfeiting activity. Investigations in Germany into the same business activity followed. The client's country of origin took advantage of these investigations that were being carefully followed by the media and claiming it was part of an anti-corruption and fraud campaign started against our client and several of her associates. The techniques applied by the authorities to carry out the investigations amounted to persecution of our client and others implicated. Some of her associates were imprisoned without due process. As a result of the investigation in the country of origin, a red notice was issued by the INTERPOL on our client's name. Our client was effectively in impossibility to travel and was under constant threat of being arrested on the basis of the Interpol notice.
Previous Solicitors
The client was advised by her previous solicitors to claim asylum. The claim failed, as the Home Office found the criminal charges brought against our client to be an evidence of prosecution not persecution and therefore not being covered by the Refugee convention. Particular weight was attached to the fact that there were western jurisdictions that were also bringing charges against the client and the businesses she had worked with.
Instructing OTS Solicitors Appeals and Litigation Team
The client approached OTS Solicitors to represent her case in the appeal. At that point, as a result of her asylum claim, her Tier 1 Investor Visa had been cancelled and the Client had no alternative basis to stay in the UK apart from the ongoing appeal.
Cross-Border Jursidictions
As the case involved complex issues and cross-border jurisdictions, our Appeals and Litigation team conducted a thorough initial assessment of the case, prior to lodging the appeal. The client was meticulously advised of the strengths and weaknesses of their case, of the evidence that would be required of them to produce to strengthen the claim and on the procedures. Throughout the entire time, our Appeals and Litigation team maintained contact with the client and their overseas legal representatives, closely monitoring the development of the overseas investigations and their outcomes.
Adjournment and Best Chances of Success
To give the client the best chance of success, our team asked for adjournment of the initial hearing on the basis that the outcomes of the overseas investigations where crucial to the asylum claim and there were clear indications that the criminal cases brought against our client in the US and German jurisdictions were going to be dismissed. Although adjournment was initially refused, our team managed to secure adjournment of the hearing on different bases, on the date of hearing. Having succeeded on this first step, the team continued to work tirelessly to secure the best result for our client.
Overseas Representative
Our Appeals and litigation team continued to maintain close contact with the overseas representatives and monitor the cases that eventually were dismissed, all the charges against our client being dropped in the US and Germany. The country of origin, however continued to persist in their criminal proceedings against our client.
UK human rights Obligation and Violations of Refugee Convention
Before the Tribunal, evidence was produced of the country’s record of human rights violations during the investigations of crimes, together with evidence that fair trial was unlikely to be accessible to our client. Further to this, evidence was produced on the prison conditions in support of the argument that returning the client to her country of origin knowing that the custodial sentence was highly likely to be applied, was already a violation of the UK’s obligations under the Refugee Convention.
Appeal Allowed on human rights Article 3 Grounds and Refugee Convention
The client’s appeal was allowed and it was considered that returning the client to her country of origin would result in the UK’s breach of obligations under the Refugee convention, as they would face violation of their rights under Article 3 and of the European Human Right Convention.
Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.
After reaching the required five year period for settlement, our client applied for indefinite leave to remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.
After a lengthy delay, our client's indefinite leave to remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.
Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his indefinite leave to remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.
Our team of Immigration Lawyers specializing in appeals and immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the immigration and Asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.
Our client's appeal was allowed on the grounds of family and private life as advised by our immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.
This work was carried out by Principal Solicitor Teni Shahiean and immigration Lawyer Dr. Lusine Navasardyan.
To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.
Our client, Mr BH, is an Egyptian citizen. He brought a claim under s.82(1) of the Nationality, immigration and Asylum Act 2002 for entry clearance in order to join his father, who was also an Egyptian refugee. Our client is a 21 year old student at an Egyptian university, whose father was a loyal supporter of Egypt’s previous President, Mohamed Morsi. His father came to the UK after a string of events which occurred whereby our client’s family were subjected to abuse, violence, and persecution due to the political association of our client’s father. Soon after our client’s father came to the UK as an asylum seeker, and our client’s mother and younger sister soon joined him in the following months. Our client’s application unrepresented by OTS Solicitors at the time, and was denied his application in 2015 on the grounds that he did not satisfy the requirement under para.352D (ii) of the Immigration Rules which requires that person with refugee status who seeks leave to enter or remain in the United Kingdom in order to join or remain with their parents to be under the age of 18. He then approached OTS Solicitors to make an appeal against this outcome.
Grounds of a successful appeal
When the appeal was brought to a First Tier Tribunal, the judge decided to also consider s.117B of the Immigration Rules and the case of Ghising (family life - adults - Gurkha policy) [2012] UKUT 160 and Gurung & Ors [2013] EWCA CIV 8. The judge rejected the application of para.352D on the following grounds: it was decided that although our client was a young adult, whose English language capability was not known, was a student at an Egyptian university, and there was no evidence of financial independence, the judge took the view that our client was emotionally and financially dependent on his parents, especially due to the fact that his father is victim of persecution and cannot return to his country of origin. The Judge also pointed out that the Immigration Rules do not make any provisions for young adults that are refugees, which he considered to be a repudiatory breach of Article 8 of the European Convention on human rights 1950.
This case was a success due to the application carried out by OTS lawyers
Acting for Kenyan national in a Court of Appeal case in relation to a human rights Application on both Article 3 and Article 8 of the European Convention on human rights. The Appellant fears return on account of his imputed political opinion and a challenge has been mounted with a view to Ordering the Secretary of State to reconsider the Appellant’s human rights and Asylum protection claim and to make a new decision in the best interest of the Appellant’s British children in the UK. The proceedings have been settled and the Respondent Secretary of State has admitted to conceeding that the previous immigration Appeal hearing was decided in error of the law. The Home Office have therefore addmitted that the case should be sent back to the previous court and have also confirmed the evidence that should be considered which they nor the court considered in unfairly refusing the clients case the first time. Home Office has also agreed to pay client's full legal costs subject to review.
As an immigration solicitor I never get use to the excitement and thrill of calling my clients and letting them and their family members know that they have been awarded their visa or settlement in the UK. In most cases they sense the excitement in my voice and they know before I’ve said anything. This is one experience every immigration solicitor can relate to, and year on year the satisfaction of telling the family you have worked so hard for to ensure they are finally allowed to remain in the United Kingdom lawfully and to make a positive contribution and enjoy a fulfilling life for themselves and their families becomes more and more rewarding.
In this case I was instructed by the client in judicial review proceedings against the Secretary of State for the Home Department (‘SSHD’). The main issue in this case related to the correct application of the new Immigration Rule, and unlawful breach of client’s Article 3 [inhumane and degrading treatment] and interference with Article 8 [respect for private and family life] rights under the European Convention on human rights (‘ECHR’). During the proceedings, and through lengthy negotiations with the Treasury Solicitors, the SSHD conceded to reconsider client’s leave to remain application on both Article 3 and 8, and to waive any requisite fee for the application. The terms of consent settled by the parties also held the SSHD liable to pay the client’s reasonable costs. Following the judicial review and upon review by the Home Office of her decision, my client was granted Leave To Remain with her daughter also obtaining the same leave in line with her mother. My client recently received her biometrics residence permit and it was always very rewarding to work for her. Today she is in a position to make positive contributions to UK society and raising her daughter in a safe and stable environment.
The client in this case was a Nigerian national who approached our firm after his previous applications for Leave To Remain on Article 8 grounds had been refused. The basis of his application, while resting on grounds of family and private life, was that the client feared persecution due to his sexual identity (Homosexual male) and feared that returning to Nigeria would mean persecution for him and his family members.
The Home Office had refused on the ground that our client didn’t have a partner or a child in the UK, therefore failing the requirements of family life and there were no exceptional circumstances for granting him leave outside of Immigration Rules. Prior to making this decision the Home Office had separately invited the client to personally apply for asylum if he considered himself to be in danger of persecution upon return. Despite this, no consideration was given to his sexuality when making the decision, or the fact that he faced persecution upon return to his country.
Our immigration department was instructed to appeal against the Home Office decision. Our team of specialist immigration appeal lawyers worked closely with the client and our barristers to prepare the case to an exceptionally high standard. The best outcome was achieved in this case as the Appeal was allowed and the client was granted on asylum grounds and human rights grounds under Article 3 freedom from torture and inhumane and degrading treatment or punishment.
To arrive to such a decision the Judge had accepted our legal argument on immigration and human rights grounds and evidence put before him on behalf of our client. The Tribunal acknowledged that the reason for which our client wanted to remain in the UK stem from fear of returning to Nigeria as a gay man. The Tribunal also considered Paragraph 327, which does not require the appellant to make application for asylum in person. This was an important point that allowed the Tribunal to hear the submissions on our client’s behalf on his refugee status, even though to formally claim for asylum had been made prior to the hearing.
In order to proceed to hearing the submissions on our client’s refugee status, the Tribunal noted that the Home Office had no need to make any additional checks such as verifying additional facts or documents to be able to make a decision on an asylum claim. Therefore, there was no reason for which the Home Office would have not been able to consider our client’s case from the prospect of United Kingdom’s obligation under Refugee or Person in need of International Protection Regulations 2006. The Tribunal further noted that the Home Office had already confirmed the UK as the responsible state for the asylum claim.
The Definition of refugee according to Article 1A(2) of the Refugee Convention is:
Owning to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside of the country of his former habitual residence ...is unable or, owing to such fear, is unwilling to return to it.
Therefore, proving of a well-founded fear of prosecution, as well as belonging to a particular social group is always essential to success in this branch of asylum cases. In this case the Tribunal was satisfied that our client was a gay man, therefore belonging to a particular social group and that he had well-founded fear of persecution, based on the evidence of recent legislative changes in Nigeria, as well as arrests that have taken place in the country.
The human rights Article 3 provides that no-one shall be subject to torture or inhuman or degrading treatment or punishment.
In this case there was a clear and substantial risk for our client of being subject to such treatment and punishment as Nigerian law provides for prison sentence for same sex sexual acts and same sex marriages. Therefore, the Tribunal concluded that it was not possible to say that prosecution of gay men were rare in that country. This led to accepting that our client’s fear of return to the country was well-founded.
Furthermore, as our client had well-funded fear that his family could also suffer by association with him, the Tribunal granted him anonymity. This means that no report of the proceedings will directly or indirectly identify our client or members of his family. This is an important protection measure for many people fearing prosecution in their countries extending to their families, as well as being shunned by the community in the UK- fear, that keeps them from applying for asylum on grounds of sexuality.
Your Questions & Our Answers about Asylum & Human Rights Applications
[This question has also been answered by our lawyers privately by e-mail]
Thank you for your enquiry.
In order to claim asylum, you need to have a well-founded fear of persecution in your country of origin. Based on the information you have provided, you may be able to claim asylum. In order to assess your claim, we would recommend having an initial consultation with us to discuss your matter accordingly.
Dear Sir/Madam,
Many thanks for your question. You are generally not permitted to study in the UK while you are an asylum seeker.
Our solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing making a claim for asylum. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your interest in pursuing a claim for asylum or extending your leave by the way of a Tier 2 visa. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our immigration solicitors will contact you shortly.
Dear Sir,
Many thanks for your enquiry.
I note the information you provided and your issue with regards to being an asylum seeker who has had an application for asylum that has been dealt with by the Home office and subsequently refused. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.
Our immigration solicitors will contact you shortly.
Dear Sir,
Thank you for your enquiry.
You may be able to apply for asylum however, you will need to meet certain requirements in order for the application to be successful.
Our immigration solicitors will contact you shortly.
Dear Sir,
Thank you for your question.
We will require further information from you before we can advise you on your options.
A solicitor will be in touch with you to talk with you about your options.
Please note: this answer does not constitute legal advice. We must have your formal instructions to provide legal advice.
Best wishes,
OTS Solicitors
Thank you for your enquiry.
If you are a recognised refugee under the 1951 United Nations Convention Relating to the Status of Refugees, then you can apply for indefinite leave to remain following five years continuous residence in the UK.
It is imperative to take this action a month before your right to stay in the UK as a refugee expires, otherwise you may have your refugee status revoked.
The Home Office will review the current situation in your home country prior to granting or refusing your ILR application.
We will need further information from you in order to advise you.
We will contact you shortly to discuss this matter further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
Thank you for your enquiry.
This may effect your citizenship application. However we will need further information from you, such as your activities in the UK from the date you entered the UK.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon
Thank you for your question.
You may need to contact the Home Office to enquire on the reasons for refusing your claim.
We will need additional information from you in order to assist you. Someone will contact you to discuss your immigration matter.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors. Please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
You may be eligible to make an application for Leave To Remain in the UK relying upon your Article 8 Rights under the ECHR as well as the length of time spent in the UK. We will need more information from you in order to advise you in full about your immigration status in the UK.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
We may be able to write to the Home Office on your behalf to seek an update on your case.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Thank you for your enquiry.
You have rightly stated that a Tier 2 ICT visa does not lead to settlement. Under such circumstances, you may have to make an application for Leave To Remain in the relying on Article 8 of the European Convention On human rights. Please note that this application is discretionary and does not automatically entitle you and your family for Leave To Remain in the UK.
We can also explore any other options available to you and for that we would need full instructions from you as your immigration history.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
When someone makes an application for indefinite leave to remain in the UK under the Protection Route, the Home Office can if they wish, reassess the situation in the Applicant's country of nationality. They can also ask for evidence from the Applicant to demonstrate that they continue to fear persecution as a result of their change in faith.
In such situations, it is important to liaise with the Home Office adequately to ensure they understand the current circumstances of the Applicant applying for settlement. In your situation, it is paramount that you provide detailed information to the Home Office about the medical issues as well as evidence of the fact that you continue to fear persecution in Iran owing to your change in faith.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
Your partner may be eligible to apply for Leave To Remain in the UK under Appendix FM, Ex.1 and 2 of the Immigration Rules. Under this category, there are specific requirements which must be met in order for the Home Office to grant Leave To Remain in the UK outside of the Immigration Rules.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your enquiry.
You are a recognised Refugee in the UK. Your husband may be eligible to apply for Leave To Remain in the UK based on his private and family life however, we will need detailed and comprehensive instructions from you and your husband in order to estabalish your husband's eligibility to make any further applications in for Leave To Remain in the UK. At this stage, we will need to look at the previous submissions/applications made by your husband in order to advise you further.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Best regards,
OTS Solicitors.
Thank you for your question.
You may be able to claim asylum in the UK if you are unable to return to your country because either:
- You fear being persecuted and you wish to seek asylum protection in the UK; Or
- You have spent a considerable amount of time in the UK and you believe that you have established strong ties to the UK
Our solicitors will carefully and meticulously:
- Consider your documents and ensure that you obtain the correct evidence to help support and strengthen your case
- Draft, Review and Prepare your human rights Application
- We will speak to our contacts in the Home Office and ensure that your Application is considered and decided in a correct and timely fashion
Someone from our office will be in touch with you shortly to discuss how we may be able to assist you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. You can obtain information about UK asylum through various UK websites or you can instruct one of our solicitors to research your options for you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. You may be able to appeal the refusal of asylum decision on human rights grounds. Please come in and see us as soon as you can so we can advise you on the best course of action to take.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. We would need to talk to you to find out more information. It may be possible for you husband to join you in the UK if her asylum application has been processed. You may also be able to come and join your wife and children by applying for a Spouse Visa; however, your wife, as your sponsor, would have to meet the minimum income threshold of earning £18,600 a year and prove she has access to adequate accommodation for your both. These conditions would not need to be met if you were successful in being reunited with your wife as a family member of an asylum seeker. You mention you are currently in the UK on a business visa. Depending on your circumstances, you may also qualify for entry into the UK on a Tier 2 (General) visa or an Intra-company Transfer visa.
Please call our office to make an appointment so we can advise you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors
Thank you for your question. Your situation is of a serious nature, especially if abuse is involved; therefore, we would require further information to advise you. If you are in immediate danger, please call 999 immediately.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact form.
Dear Sirs,
Thank you for your email to OTS Solicitors.
After reading your query, I am confident that we can advise you regarding your case.
This is something that we routinely deal with. I would suggest that we arrange a consultation to discuss your case further. Our solicitors have particular expertise in Middle East, Asia and African asylum and human rights cases and we have access to specific country information.
May I kindly ask that you confirm your availability for an appointment with us this week/next week?
It will be necessary for our OTS immigration Solicitor to carry out a detailed assessment of your personal circumstances to identify on which basis of the Refugee Convention relating to Refugees, and human rights Act you may be entitled to settle in the UK, such as Article 8 Family and Private Life.
Following our meeting, if you would like us to represent you, we will deduct the consultation fee at the end of your case.
If you would like to proceed in this way, may I suggest that you confirm your availability for a meeting this week/next week?
We look forward to hearing from you soon.
Kind regards,
OTS Solicitors
Dear Sir,
Thank you for your question.
Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your Leave To Remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our Immigration Lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your immigration case.
Kind regards
OTS Solicitors
Dear Sirs,Thank you for your question. Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your judicial review query has been forwarded to the relevant legal department and our Immigration Lawyers will be in touch with you today to explain how to proceed for the best outcome in your immigration case.
This immigration question has been responded to privately by one of our immigration solicitors. If you have a similar query, please do not hesitate contact our UK immigration team on 0207 936 9960
[This question has also been answered by our lawyers privately by e-mail]
Anyone detained under immigration powers has the right to apply for bail. As a first step a Temporary Admission request to the Home Office should be made, as a Chief immigration Officer of the Home Office does have the power to release a detainee. If this is refused then a bail application will follow. This is done on a specific form B1 that can be obtained online, or if you are in detention from the staff.
A completed form should be sent to the relevant court attaching grounds for bail and supporting evidence. Within three working days you most probably will receive a hearing date.
To better your prospects of success, your application for bail will need to provide a fixed address to reside in and one/two people to act as sureties. These are people who will keep in touch with you and undertake to ensure that you do not break any conditions of release. They will also need to show a certain amount of money by way of covering for potential absconding. While these are not mandatory requirements by law, lack of an address or a surety will significantly weaken chances of success.
Please note, this is not a legal advice. Should you need a legal advice tailored to your circumstances please contact us to speak to one of our immigration solicitors.
