legal and social conditions for asylum seekers and refugees in ...

The UK government has expressed concern over the workings of the Dublin Convention, partly
because of these legal challenges, and partly because it feels the mechanism for transfer of
cases is too slow and too uncertain. In a number of cases it has proved difficult to identify the
appropriate country, or the country requested has declined to take responsibility. In these cases
the asylum seeker will be allowed access to the substantive determination procedures in the UK.
The determination procedure
Pro forma and screening interviews: asylum seekers are initially given a short interview by the
Immigration Service (or by the Screening Unit of the Home Office’s Asylum Division for in-country
cases) to ascertain their identity, immigration status and, in the case of port applicants, whether
they have been in a third country en route to the UK.
Fingerprints are taken at this stage, and photographs must be provided. An identity document,
valid for the duration of the determination process, should be issued, although delays may occur
if the asylum seeker has no documentary evidence of identity. In many cases the applicant will
then be given a lengthy form to fill and return, detailing personal data and history, family
circumstances, the basis of the claim for asylum, and any other grounds on which they seek to
rely. This is to be completed and returned within a specified time, usually 28 days. In other cases
interview will proceed without any prior statement from the applicant.
Substantive procedures: a full asylum interview is generally carried out later, either by an
immigration officer at the port of arrival for applicants who are not subject to removal on “safe
third country grounds”, or by an asylum caseworker from the Home Office's Asylum Division for
in-country cases. Where the applicant has been required to supply a completed form in advance,
the statement contained in it will be used as the basis for the interview. Otherwise all information
for the standard form will be taken by the interviewing officer.
UNHCR does not have a formal role in the determination process, but may be consulted on
questions of interpretation, or in particularly difficult or sensitive cases, usually by the
representatives of applicants rather than by the Home Office. UNHCR also receives copies of all
asylum appeal papers and can ask to be made party to any appeal (see “Appeal” below).
Unfounded (“certified”) applications
As mentioned above, the special fast-track procedure introduced by the Asylum and Immigration
Appeals Act 1993 also applies to the asylum applications which are “certified” by the Secretary of
State to be without foundation.
Section 1 of the Asylum and Immigration Act 1996, which came into effect on 1 October 1996,
extended the categories of cases which may be certified by the Secretary of State as without
foundation and therefore heard under the fast-track procedure:
– according to Section 1(3), where an asylum seeker has failed to produce a passport without
reasonable explanation, or has produced a passport which was not valid and failed to inform
the immigration officer of that fact;
– according to Section 1(4), where a claim for asylum:
• does not show a fear of persecution for a Convention reason;
• shows a fear of persecution for a Convention reason but is manifestly unfounded or the
circumstances which have given rise to the fear no longer subsist;
• is made only after (i) a refusal of leave to enter, (ii) a court recommendation for deportation,
(iii) notification of a decision to make a deportation order or (iv) notice of illegal entry;
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United Kingdom