Being denied asylum in the UK can be a stressful and traumatic time but there is help available. If your application for asylum has been rejected, it’s important to access legal advice as swiftly as possible. While there’s a good chance you’ll be able to appeal the decision, there are strict time limits regarding appeals. Due to this, it’s vital to seek help from immigration solicitors following the negative outcome of an asylum application.
If your application for asylum has been rejected, you’ll usually be required to leave accommodation provided by UK Visas and Immigration (UKVI) within 21 days. However, if you’re able to appeal the decision, you will typically be permitted to stay in the accommodation, pending the outcome.
Even if you are required to leave UKVI accommodation, support is still available under Section 4 of the Immigration and Asylum Act 1999. Previously known as ‘Hard Cases’ support, the law entitles you to accommodation on a no-choice basis, as well as supermarket vouchers and travel, in some instances. With help from immigration lawyers, you can determine whether you’re eligible for Section 4 support and, if so, assist you in accessing the help you need.
Are you eligible for Section 4 support?
You will only be considered eligible for support under Section 4 in certain circumstances. For example, your application for refugee status in the UK must have been returned, ‘asylum denied’, in which case you will not be considered an asylum seeker for support purposes. Additionally, you will need to destitute and fit into at least one of the following categories:
- You are taking all reasonable steps to leave the UK
- You are unable to leave the UK due to a physical impediment or medical condition
- There is no route to return to your country of origin, in the opinion of the Secretary of State
- You have applied and been granted permission for a judicial review in relation to your asylum rejected status
- Support is necessary to avoid breaching your rights under the European Convention of Human Rights, in accordance with the Human Rights Act 1998
Appealing a Section 4 decision
If your application for Section 4 support has been denied, immigration solicitors can help you to make an appeal. Furthermore, your immigration solicitors London will be able to explain exactly why your claim has been rejected and how an appeal could succeed. Additionally, you will be able to determine whether you’re eligible for support under any other provisions with the help of your legal team.
Making a fresh asylum claim
If your application for asylum has been denied, your immigration lawyers can help you to apply for Section 4 support. While this is on-going, they can also explore whether an appeal in relation to your asylum rejected status is appropriate. If Section 4 support is denied, they can challenge this decision on your behalf too.
Should fresh evidence emerge while you’re receiving Section 4 support or awaiting a decision, you may be permitted to file a new application for asylum. If so, you return to being a recognised asylum seeker in the UK and, therefore, are entitled to support, without the need to apply under Section 4.
As you can see, immigration law is complicated, particularly when you’re dealing with the emotional, practical and financial challenges of being displaced. At SMA Solicitors, we understand the challenges you’re facing and are here to help. To learn more about appealing an asylum decision in the UK, contact us now on 020 8951 9959.