Seeking Refuge? - Rights of Women

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If the Immigration Judge decides that you are not entitled to protection in the UK, your appeal against the UK Border Agency’s initial decision will be dismissed. It is important to get legal advice as soon as you are refused protection, as it may be possible to challenge this decision. Appeals against a decision made by the Asylum and Immigration Tribunal It may be possible to appeal against, or challenge the decision of an Immigration Judge. However, this can only be done in certain circumstances, such as if the Immigration Judge made an error of law (a mistake about the law and how it should be applied in your case). If the Immigration Judge has made an error of law, then your case can be reconsidered. Reconsideration involves having a new hearing about your case and why you should be given protection in the UK, before a different Immigration Judge(s) in the AIT. There are also circumstances where it may be possible to appeal a decision to the Court of Appeal, or The Supreme Court. The law on appealing determinations is complex. If you are considering appealing a determination you should seek legal advice from your legal representative, or one of the organisations listed below. If you are unable to appeal against a decision to refuse you protection to any other court, you have exhausted (finished) your rights to appeal and you become removable. For information about removal, see Chapter 9. Transfer of the Asylum and Immigration Tribunal The Government makes decisions in a number of different areas of law that individuals may want to appeal against. For example, a person who has been refused welfare benefits or criminal injuries compensation may want to appeal against that decision to someone independent. If they do, then the place that they can appeal to is the Firsttier Tribunal. A tribunal is a type of court. The main function of the First-tier Tribunal is to hear appeals against decisions taken by the Government in certain areas of law, including welfare benefits, criminal injuries compensation and asylum support law. In 2009, the Government decided to transfer the Asylum and Immigration Tribunal into the Tribunal structure, so that it sits alongside the other Tribunals. It is expected that this transfer will happen sometime in 2010. This will mean that sometime in 2010, appeals against decisions taken by case-owners in the UK Border Agency will be heard in the First-tier Tribunal. The First-tier Tribunal is independent of the Home Office and decisions in the tribunal will be taken by judges. The rights of those who are appealing against a decision taken by their caseowner in the UK Border Agency will not be affected by this change. However, the procedure for applying for a reconsideration of a determination will change, as an application for an order for reconsideration will be made first to the First-tier Tribunal and, if they refuse, to the Upper Tribunal (rather than the Administrative Court, as is the case now). The process for judicially reviewing some types of decisions may also be changed by the transfer of the AIT. The law on appealing determinations is complex. If you are considering appealing a determination and you want to know more about whether or not these changes affect you, you should seek legal advice from your legal representative, or one of the organisations listed below. For more information about the First-tier Tribunal and the types of decisions that can be appealed against, visit: www.tribunals.gov.uk Things to remember • A claim for asylum or some other form of protection in the UK is decided initially by a case-owner in the UK Border Agency. You may be able to appeal against a decision to refuse you protection, or to give you a form of protection that is different to what you applied for, to the Asylum and Immigration Tribunal (the AIT). • Appealing against the decision of the UK Border Agency to the AIT is complicated, as is appealing against the decision of the AIT. It is therefore important that throughout these processes, you seek legal advice. If you do not have a legal representative, you should contact one of the support organisations listed below for advice. 54
• At your appeal, your legal representative (or you, if you do not have one) has to explain to the AIT why there is a real risk that if you were returned to your country, you would face persecution or some other form of serious harm. • If your appeal is successful, you may be given Refugee Leave or some other form of protection in the UK. • If your appeal is unsuccessful, you will be refused protection and you should seek legal advice straight away. It may be possible to challenge the decision of the AIT. If you are unable to appeal against a decision to refuse you protection to any other court, you have exhausted (finished) your rights to appeal and become removable. Support organisations For legal information and advice on immigration and asylum law, see: • Anti-Trafficking Legal Project (ATLeP) • Asylum Aid (includes the Refugee Women’s Resource Project) • Community Legal Advice • Immigration Advisory Service • Immigration Lawyers Practitioners Association • Refugee and Migrant Justice (formerly the Refugee Legal Centre) • Rights of Women To discuss any other problem, contact your local One Stop Service: • Refugee Action • Refugee Council • Migrant Helpline • North of England Refugee Service • Welsh Refugee Council For information about returning to your country of origin, see: • Choices • International Organisation for Migration See Chapter 12 at the end of this book for the contact details of these, and other useful organisations. 55
Page 1 and 2:
Seeking Refuge? A handbook for asyl
Page 3 and 4: Seeking Refuge? A handbook for asyl
Page 5 and 6: Contents Chapter 1: Introduction 8
Page 7 and 8: Chapter 9: Final refusal and remova
Page 9 and 10: epresentative. If you are supportin
Page 11 and 12: For information about how claims ar
Page 13 and 14: Would you be safe anywhere else? In
Page 15 and 16: Women may experience violence for a
Page 17 and 18: • Article 8 Right to respect for
Page 19 and 20: Your right to be free from inhuman
Page 21 and 22: 3 The New Asylum Model: Non-detaine
Page 23 and 24: the UK and what travel documents yo
Page 25 and 26: 4 The New Asylum Model: The detaine
Page 27 and 28: Case-owners have a number of respon
Page 29 and 30: Depending on your financial circums
Page 31 and 32: 5 Your Asylum Interview Introductio
Page 33 and 34: • look at the law that determines
Page 35 and 36: Support organisations For legal inf
Page 37 and 38: There are a number of different tea
Page 39 and 40: The law that determines whether or
Page 41 and 42: 7 Successful applications: an expla
Page 43 and 44: Unlike Refugee Leave or Humanitaria
Page 45 and 46: 8 Negative Decisions and Appeals In
Page 47 and 48: Your legal representative is the pe
Page 49 and 50: • to be adjourned (to take place
Page 51 and 52: In the room where your appeal will
Page 53: The process of deciding the appeal
Page 57 and 58: Voluntary Return and Assisted Volun
Page 59 and 60: • If you, or any member of your f
Page 61 and 62: 10 Fresh claims Introduction A fres
Page 63 and 64: Does the new information create a r
Page 65 and 66: 11 Financial and other support thro
Page 67 and 68: part of your asylum support and you
Page 69 and 70: What happens if someone in my famil
Page 71 and 72: order to challenge the decision 30
Page 73 and 74: y £35 every week and you can carry
Page 75 and 76: Education While you are in the UK,
Page 77 and 78: Choices Provides confidential, inde
Page 79 and 80: Rights of Women Provides women with
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