Women and the UK asylum system -a look at the journey of an asylum claim from legal aid, the asylum

process and the law

Nadia Hussain

Legal Services Commission

Legal help test and cost limits Controlled legal representation test Legal aid funding for higher court applications Limited access to legal aid

The Asylum Process

Screening Interview Detained Fast Track Procedure Grant Refusal Appeal
Removal/ Voluntary return

Dispersal and NASS

Asylum interview
Tape record request 48 hours in advance Presence of legal representative Child care arrangements Female interviewer and interpreter

The decision
Grant Refusal Onward appeal rights Timeframes Removal/voluntary return

Appeals
First Tier Tribunal All female courts Outcomes Onward appeal rights

Fresh claim criteria

The law concerning fresh claims is contained within the Immigration Rules. Submissions will amount to a fresh claim if they are significantly different to the material that has been previously considered. The Material: 1. Must not have been provided previously or considered 2. When taken together with the previous material will create realistic prospect of success. Onward challenges

Definition of asylum
Defined in 1951 UN Convention as Grounds: Race Religion National PSG Political What is missing?

FORCED MARRIAGE FGM

HONOUR KILLINGS

Gender related claims

HOMOSEXUALITY TRAFFICKING DOMESTIC VIOLENCE

CHALLENGES
Dublin 11 cases Inconsistencies Credibility Late disclosure Sufficiency of protection Lack of evidence Relocation Country guidance cases

Supporting evidence
Expert report and funding Country experts Medical experts APIs Tribunal Guidelines Collating gender specific country information and resources available

Impact of the Process

Re traumatisation The effects of disbelief Self harm, suicidal ideation Family pressure Separation from children De motivation

Any Questions?