Home Office Criteria for recognition as a refugee?

The criteria for recognition as a refugee, and hence the granting of asylum, are set out in the 1951 United Nations Convention relating to the Status of Refugees, extended in its application by the 1967 Protocol relating to the Status of Refugees. The Convention defines a refugee as a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and unable or, owing to such fear, is unwilling to avail himself of the protection of 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 to return to it."

Persons who are found not to be refugees within the terms of the Convention will be refused asylum.

In certain circumstances they may be granted Humanitarian Protection (HP) or Discretionary Leave (DL) for a limited period (HP and DL replaced Exceptional Leave to Remain (ELR) on 1 April 2003).

Since 30 August 2005, all refugees, other than those arriving in the UK under managed migration resettlement schemes such as Gateway have been granted five years' limited leave rather than ILR. At the end of this period they are entitled to apply for settlement. HP has been brought in line with refugee leave, and as such those granted HP may also apply for settlement after five years. There is no change to the time limits pertaining to DL.

A reconsideration case refers to an asylum decision by the Secretary of State which is later required to be reconsidered as a result of additional information and/or significant changes in current circumstances and country information.

There is no provision in the Immigration Rules to seek asylum in the UK from abroad. However, exceptionally, some cases are referred to the Home Office from overseas diplomatic posts.

The right of appeal is based in law on the taking of an 'immigration decision' as defined by Section 82 of the Nationality, Immigration and Asylum Act (NIA) 2002. This right of appeal is subject to limitations and exceptions detailed in sections 88 to 89 of the NIA Act 2002.

From April 2005 there has been a single-tier system for asylum and immigration appeals, the Asylum and Immigration Tribunal (AlT). The AIT is the responsibility of the Tribunals Service which is an executive agency of the Department for Constitutional Affairs. Appeals before the AIT are decided by Immigration Judges. There is a right of application for a review of the AIT decision, which may lead to a reconsideration by the AIT with oversight by the appropriate Court.

Under Section 55 of the Nationality, Immigration and Asylum Act 2002, asylum seekers have to apply for asylum as soon as reasonably practicable after arrival in the UK in order to be eligible for support under Sections 4, 95 or 98 of the Immigration and Asylum Act 1999. There are exceptions, which include families with children and those who can show they would suffer treatment contrary to their human rights, who will get support even if they have delayed making their asylum claim.

Support under Section 4 of the Immigration and Asylum Act 1999 is provided in the form of accommodation and food, and other basic essential items. Individuals are generally eligible for Section 4 support if their asylum application has been finally determined as refused, but they are destitute and there are reasons that temporarily prevent them from leaving the UK. The reasons are as follows.

. Unable to leave the UK by reason of a physical impediment to travel or some other medical reason; or

. Unable to leave the UK because there is no current viable route of return to the country of origin; or

. Taking reasonable steps to leave the UK or place themselves in a position in which they can leave the UK; or

. Permission has been obtained to proceed with a judicial review against a decision relating to the person's asylum claim; or

. The provision of support is otherwise necessary to avoid a breach of the person's human rights.

Information on this page: extracted from Control of Immigration: Statistics United Kingdom 2005. Published Tuesday 22nd August 2006 by Home Office Research, Development and Statistics (RDS)