There are many people who think that by claiming asylum in the UK will prevent them from being deported or removed. You will be likely qualify for asylum if “…owing to well-founded fear of being persecuted for reasons of race, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection for that country; or who not having a nationality and being outside the country of his former habitual residence…is unable, or owing to such fear, is unwilling return to it.”
The main element in claiming asylum is to have a genuine fear of being returned to the country of origin.
Someone called me from an immigration detention at Yarlswood in Bedfordshire saying: “Sir, there are many people here in the detention telling me to claim asylum so I will not go home.”
I asked: “Where are you from?”
She responded: “From the Philippines.”
I responded: “I don’t think the Philippines is a war-torn country like Siera Leonne, Libya or Lebanon or Syria…Do you have someone who has threatened your life? It does not include your spouse who wanted to kill you because of promiscuity or extra-marital affairs.” I then explained that the application for asylum is weak and bound to fail from the outset as there are no merits.
Sayang lang ang pagod at gastos.
Grant of Asylum
Paragraph 334 of the Immigration Rules in the UK states that an asylum applicant will be granted asylum in the United Kingdom if the Secretary of State is satisfied that: (i) he is in the United Kingdom or has arrived at a port of entry in the United Kingdom; (ii) he is a refugee, as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006; (iii) there are no reasonable grounds for regarding him as a danger to the security of the United Kingdom; (iv) he does not, having been convicted by a final judgment of a particularly serious crime, he does not constitute danger to the community of the United Kingdom; and (v) refusing his application would result in him being required to go (whether immediately or after the time limited by any existing leave to enter or remain) in breach of the Geneva Convention, to a country in which his life or freedom would threatened on account of his race, religion, nationality, political opinion or membership of a particular social group.
Summary of Paragraph 334, Article 1 and the Qualification Directive
Therefore, unless an applicant is stateless, he will qualify for refugee status under the terms of the 1951 Convention, if he meets the following criteria:
- he is outside his country of nationality;
- he is unwilling or unable to return due to fear;
- his fear is well-founded subjective and objectively;
- his fear is of prosecution
- Agents of prosecution. Who are the people who wants to inflict pain and torture? Are they working for or related to people in the government or high-ranking political figures? These are called agents of prosecution.
- Sufficiency of protection – is there enough measures to protect if the person is returned to the country of origin.
- Past persecution – is there?
- The persecution he would suffer is for a convention reason;
- The convention reason for the prosecution is race, religion, nationality, political opinion or membership of a particular or social group;
- he cannot be expected to live in another part of his country;
- he did not pass through a safe third country to get to the UK;
- his account is credible; – it means that the person is not lying or has the intention to deceive
- he is not excluded from protection
When you have these checklists and you can answer with your heart on these issues above mentioned, then it is highly likely you will succeed. But be wary to say that your husband or his relatives wanted to kill you or gun you down. Because if the Home Office has made aware that you lived in Luzon, then they will say you can live in Visayas and Mindanao. Better think of other ways to remain in this country such as private and family life rather than fabricating lies as the Home Officers are trained to detect falsehoods.
Seeking asylum is a human right if it there is truth into it and I have seen people running for their lives from their countries of origin due to maltreatment, abuse and tortures they’ve suffered. But…you cannot lie with the police as it may incriminate you in a deeper hole.
Claiming asylum is not easy and very handful few have been given asylum from the Philippines, if I can remember it correctly. Have a proper legal advise as if it is found out that you are lying, you are making your situation worse and the Home Office will not believe you again to whatever you say.
– Don Magsino MBA is a qualified immigration lawyer in the UK firstname.lastname@example.org
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