Seeking Refuge? - Rights of Women

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that you are prepared to take steps to leave the UK. The basis of your claim for financial support is your fresh claim. Once your fresh claim is accepted by the UK Border Agency (this means that they agree that it contains new and relevant information and they are now deciding whether you are entitled to protection), you will then be entitled to Asylum Support, which consists of cash payments and accommodation. For more information about financial support for asylum-seekers, see Chapter 11. How will my fresh claim be decided? Once you have made a fresh claim, you have to wait for a decision to be made on it by the UK Border Agency. There is no timescale for dealing with these applications, so it is impossible to say how long it will take for a decision to be made on your case. The fact that your claim is accepted as a fresh claim does not mean that you will be granted protection in the UK. The law that will be considered when deciding your fresh claim is the same as the law that applies to other asylum applications. For further information about this, see Chapter 2. What happens if the UK Border Agency does not accept my fresh claim? If the UK Border Agency refuses to accept that the new information you provide amounts to a fresh claim, then you can challenge that decision by judicial review. This is a very complex area of law, so you will need to seek legal advice. What happens if my fresh claim is refused? If your fresh claim is refused, you will have a new right of appeal against the decision to an Immigration Judge at the Asylum and Immigration Tribunal. This is a very complex area of law, so you will need to seek legal advice. For further information about appeals, see Chapter 8. Things to remember • If you have made a claim for asylum that has been finally refused, but you have new information that: o has not already been considered; and o taken together with the previously considered material, creates a realistic prospect of success; you may have a fresh asylum claim. • If you make a fresh asylum claim, you can apply for financial support. • If you make a fresh claim that is accepted by the UK Border Agency, they will have to make a new decision on your case. If they refuse to grant you protection in the UK, you will have a new right to appeal against that decision. 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 For information about Asylum Support law and appeals at the Asylum Support Tribunal, contact the Asylum Support Appeal Project. If you want to discuss an asylum support problem with someone, contact your local One Stop Service such as: • 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. 64
11 Financial and other support through the asylum process Introduction If you have made an application for protection in the UK, you may be entitled to asylum support while a decision is made on whether or not you will be allowed to remain in the UK. Asylum support includes cash payments and accommodation. Whether or not you are entitled to asylum support depends on your financial situation, your personal circumstances (such as whether you have a health problem or disability) and what stage your application for protection in the UK is at. This Chapter will give you information on what financial and other support you may be entitled to, and what support is available for those who have had their claim for protection refused. The law discussed here is very complicated. This Chapter is written to give you information about the law, but it is not legal advice. Asylum support law is a different area of law to immigration and asylum law. If you have applied for protection in the UK, or are thinking about doing this, it is very important that you seek legal advice from a solicitor or immigration advisor. You can also contact Rights of Women’s legal advice line. See Chapter 12 at the end of this book for information about organisations that may be able to assist you with immigration law and / or asylum support law issues. “ Asylum support is the financial support that asylum-seekers who have not had a decision made on their case receive. It may include cash for essential things and accommodation. Asylum support used to be called NASS support. ” For more information about the law that determines who is entitled to protection in the UK, see Chapter 2. “ If you have a question about your asylum support, you should ask your case-owner or, if you don’t have a caseowner, you can contact the Asylum Support Customer Contact Centre on 0845 602 1739 (open 09.00-21.00 Monday to Friday but not bank holidays). The case-owner is the person who works for the UKBA who is responsible for your case. You may have one case-owner throughout your case or you may have different case-owners at different stages in the process. ” ) Case-owners have a number of responsibilities including: - Interviewing you. - Making an initial decision on whether you should be granted protection in the UK or whether your claim should be refused. Your legal representative (or you, if you don’t have a legal representative) should be in close contact with your case-owner(s) throughout the process. 65
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Seeking Refuge? A handbook for asyl
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Seeking Refuge? A handbook for asyl
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Contents Chapter 1: Introduction 8
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Chapter 9: Final refusal and remova
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epresentative. If you are supportin
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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 and 54: The process of deciding the appeal
Page 55 and 56: • At your appeal, your legal repr
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: Does the new information create a r
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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