Asylum, as an internationally recognised lifesaving right, provides options for starting a new life to those who leave their homes due to war, violence, or any other serious human rights violations. But if not guided well, this journey towards asylum can bring problems. As discussed in my previous articles, international law clearly recognises the right to seek asylum, link link but the realities of who can claim asylum, eligibility, and asylum procedures to apply for asylum may differ across countries.
This article focuses on eligibility, disqualifications, and legal frameworks in the United Kingdom, drawing guidance from the United Nations High Commissioner for Refugees, UN treaties, and other publicly available national frameworks.
According to international law, any person who has left their home country with fear of persecution, violence, or systematic human rights abuses can claim asylum in another country. Persecution may include imprisonment with due process, punishments for political and religious opinions Link and also include gender-based violence, i.e., forced marriage, as these gender-based claims have also been recognised by international law with the passage of time. UNHCR’s handbook on procedures and criteria determining refugee status defines acts of harm.
The UNHCR emphasises that asylum is a right, and any individual may apply, regardless of how they enter a country seeking protection, provided their purpose is solely to seek protection from harm. International law does not prohibit any state from making domestic regulations to assess asylum applications. Asylum applications are assessed by the national authorities of the hosting states on an individual basis. In the UK, asylum claims are examined on the following points: https://www.gov.uk/claim-asylum
• The fear of persecution is genuine and credible
• One is unable to live safely in any part of one's own country
• Persecution must be because of your race, religion, nationality, political opinion and 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
In the UK, asylum claims follow a certain procedure. To apply for asylum, a person must have left their country and be unable to go back because of persecution, with a belief that they cannot safely return home. You should apply when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country; a delay in applying can reduce chances of success. The further process begins with a screening interview where an immigration officer will decide whether your case can be considered or not by taking some initial information. After initial acceptance, you will be asked to provide all relevant documents that include your passport, travel documents, identity cards and anything that supports your application.
This process is to support your claim, followed by another detailed asylum interview. Your biometrics and photographs will be taken to register your claim. After this, you wait for the decision of your claim and during this you must cooperate with the Home Office requirements, including reporting any changes in circumstances, and attending appointments with the home office. Generally, you are not allowed to work unless permission is granted. After detailed scrutiny of your claim, the Home Office will decide on your claim, and if permission is granted, the person is granted five years to stay, after which they may apply to settle, and if the application is refused, the applicant has the right of appeal. To learn more about seeking asylum in the UK, start at the official website of the UK government, linked above.
International law also has established certain circumstances under which a person can be disqualified from seeking asylum. Article 1F of the 1951 Refugee Convention allows exclusion where there are reasons to believe a person has committed war crimes, crimes against humanity, heinous non-political crimes, or an act contrary to the UN principles. link In the UK, inadmissibility rules were first introduced by the Home Office in January 2021 as a result of the UK leaving the European Union (EU). In the United Kingdom, an asylum application may not be considered if authorities decide that the person passed through another country where they could have applied for asylum. If the UK has an agreement with a country considered to be a safe third country, the asylum claim can be transferred there. In such cases, the UK does not examine the claim itself but instead begins a process to remove the applicant to another safe country, which may not be the same country they travelled through.
The global asylum system is founded on both international refugee law and international human rights law. Its core legal instruments include the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol link the principle of non-refoulement, which is the cornerstone of international protection, and key human rights treaties such as the International Covenant on Civil and Political Rights, The Universal Declaration of Human Rights, including the handbooks and guides provided by the UNHCR and other agencies of the UN.
For reliable information on asylum, it is advised to consult official sources such as UNHCR country guidance pages, UNHCR handbook, national asylum authorities and home office websites, recognised refugee support organisations like Forth Valley Welcome, and legal aid providers or any community groups. Relying on unverified online sources or agents can be misleading and may place people at risk.
Asylum systems support varies across the globe. Globally, the responsibility for hosting refugees is unevenly distributed. Countries such as Turkey and Pakistan host more refugees than UK and all European Union member states combined, and except Turkey, no European country ranked among the top ten refugee-hosting countries at the end of 2014. The latest figures suggest there are 448,600 refugees currently living in the UK. With over 68 million people calling the UK home, that means refugees make up less than 0.7% of the total population. Recent data indicates that approximately 448,600 refugees are currently living in the United Kingdom, representing less than 0.7 per cent of the country’s total population of over 68 million. Globally, the majority of refugees remain close to their countries of origin, and the United Kingdom does not rank among the top ten refugee-hosting countries.
In the present chaotic world, with violence and conflicts everywhere, it is very important to know the eligibility criteria as to how asylum can be claimed, how such claims are assessed, and how international law and standards are applied practically. Although asylum procedures differ from country to country, its main purpose, which is the protection of life, remains the same.
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Shehryar Hassan is the Right to Asylum and Human Rights Editor for Wandering Educators. He is a Master’s student in Human Rights and Diplomacy at the University of Stirling, with a strong academic and professional interest in international human rights. Passionate about issues concerning asylum seekers and displaced persons, Shehryar is currently interning with Wandering Educators as The Right to Asylum & Human Rights Editor, where they contribute to articles exploring global human rights topics. Dedicated to advancing human rights advocacy, Shehryar aspires to work with international organizations supporting vulnerable communities worldwide.