Obtain Asylum, Humanitarian Protection or Leave to Remain on Human Rights grounds in the UK

If you are in fear for your life or safety in your home country, you can apply for asylum in the UK as a refugee.

A refugee is someone who had to leave their country due to a "well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion", according to the 1951 Refugee Convention.

If your fear is unrelated to the five Convention reasons, you can still apply for Humanitarian Protection; if you fear serious harm in your country of residence.

However, if you have connections with a safe third country, or if you have passed through a safe country on your way to the UK, the government may serve you with a notice of intent of removal to that country to consider your asylum claim.

The notice of intent must be served within 6 months from the date of your asylum claim, and if the safe country doesn't allow you in, you can still apply for asylum in the UK. If not, this may be challenged if appropriate.

How we can help

We have 20 years of experience with asylum claims and a very high success rate. We have in-depth expertise on complex "fresh claims", which are claims that the Home Office has previously refused, the First-Tier Tribunal (Immigration and Asylum Chamber) and/or Upper Tribunal.

The key to success is understanding your circumstances fully and preparing thoroughly. We have worked with individuals from many countries and very different backgrounds. They fled their home in fear for their lives and/or safety. Some were subjected to torture, sexual exploitation or persecuted due to their gender and/or sexual orientation.

We also have experience in medical cases for persons facing premature death and/or intense suffering, as the life-saving treatment they need is not available in their country of origin. (This is under article 3 of the European Convention on Human Rights).

Additionally we have worked with applications for leave to remain in the UK under Article 8 of the European Convention on Human Rights, which protects under certain conditions your right to remain in the UK on private and family life grounds. See Private Life and Couples and Family.

We appreciate it may be difficult to talk about what happened to you. We will guide you through the complex UK asylum system and help you throughout the asylum application process. Qualifying applicants fail by not following the process and due to lack of preparation.

We will help you prepare your application and draft statements. We will also draw up supporting background and expert evidence documents, such as country and medical reports. Finally, we will draft supporting legal arguments to prepare you for your Preliminary Information Questionnaire and your substantive asylum interview.

If your asylum claim has been refused, we will look at your circumstances again and appeal the decision on your behalf if appropriate.

If you obtain asylum or Humanitarian Protection, you will be granted 5 years leave to remain in the UK, after which time you should be eligible for Indefinite Leave to Remain.

Examples of how we helped individuals like you

A young Kurdish Iraqi man from Kirkuk was refused asylum because the Home Secretary decided that he could relocate safely anywhere outside his home area to avoid persecution. The refusal was upheld by the First-Tier Tribunal (Immigration Asylum Chambers). He argued in a "fresh claim" that without a national ID to access the necessary support, he would face destitution and a real risk of suffering serious harm. The Home Secretary refused this application as clearly unfounded, without a right of appeal. On application for judicial review of this decision, a judge ruled that the Home Secretary didn't consider the evidence before her properly. As a result, he was granted Humanitarian Protection.

• The client belonged to a large family of political activists who the Iranian authorities had persecuted for several decades. Discrepancies in his initial account led the Home Secretary to disbelieve the client's story. As a result, he faced removal to Iran, where he feared for his life. We unravelled his long and complex family history to enable him to present a compelling, fresh asylum claim supported by independent evidence, and the Home Secretary granted him refugee status.
• The client, who is from the UAE, was detained as an overstayer by the Immigration authorities whilst she had an outstanding human right claim based on her fear of forced marriage on return. She applied for asylum, was released from detention and promptly granted refugee status. Following a Judicial Review application, the Home Secretary accepted that she had been detained unlawfully and agreed to pay her damages.
• The client's father contracted debts with a powerful Albanian criminal gang. The gang sought to coerce him into illegal activities to refund his father's debts. Aged 17, the client fled his home town with his younger siblings that he left to the care of a relative in the north of the country before fleeing to the UK, where he claimed asylum. The criminals traced and abducted his siblings that they took to Italy to work for the gang. The client's brother - who was a minor - managed to escape and went to France, where he was sent to Corsica by the French authorities. Stephane, our solicitor, travelled to Corsica and persuaded the French authorities to assist the child in applying for asylum so that he could be reunited with his brother in the UK under the (now defunct) Dublin Convention. The client was granted asylum; the brothers are now living together in the UK and are safe.

Our Asylum Fees

Asylum cases can vary in complexity. We are therefore not in a position to publish a fee. Please contact us to establish your circumstances, and we will provide you with a quote on 07968 902362 or email contact@gentilistark.com. We will be in touch with you within 24 hours.