NCADC Campaigning Toolkit
Some people claim asylum immediately on arrival in the UK (at the airport/port). In such a case, you will have your screening interview at the port (see ‘Screening Interview’).
UKBA is of the view that everyone should be claiming asylum at the port of entry, and that if you do not, this means you are less likely to be telling the truth. They refer to clear instructions to claim asylum at the airport. These instructions are a few small posters in English and do not take into account that many people do not have good English, do not know what the word ‘asylum’ means (they know they need safety or protection but may never have heard it called ‘asylum’ before). They also do not take into account how many people seeking asylum have to use a smuggler/agent to enter the UK, who gives them strict instructions not to say anything about asylum until they are through immigration control (and the agent has safely got away).
Some people who come to the UK to seek asylum use their own passports, but for many this is not possible. It would either put them at risk to apply for a passport in their country (imagine asking the Eritrean government for a passport and explaining you want it for a trip to the UK), or the use of a passport in their own name would make their presence known to the very authorities they are having to flee. The Refugee Convention acknowledges the danger for some people of using a real passport in their own name, and states that asylum seekers should not be punished for this if they have a good reason for using false documents:
Article 31 of the Refugee Convention states:
The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
Unfortunately, many asylum seekers are prosecuted by the UK government for the use of a false passport. If they are represented by lawyers who specialise in criminal law, and do not know this Article 31 defence, the lawyer may wrongly advise their clients to plead guilty: the evidence of the crime is clearly there, and pleading guilty should lead to a shorter sentence. Asylum seekers should, however, be getting advice about the Article 31 defence (which allows you to plead not guilty).
The criminal conviction for using a false passport may be used as a reason to refuse some applications for status – including indefinite leave to remain – and can cause problems when applying for work. There are legal options, even after a criminal sentence has been given, that may help you if you are in this situation. One of these is the Criminal Cases Review Commission (CCRC).
Yewa Holiday, Case Review Manager at the CCRC, explains:
The CCRC, a statutory body set up in 1997 to deal with suspected miscarriages of justice, has reviewed a number of convictions relating to offences by asylum seekers/refugees connected to their entry to the UK. In most of these cases, the applicants have been advised to plead guilty and not advised that they may have a defence. The CCRC has the power to refer convictions (and sentences) to the appropriate appeal court if it determines there is a real possibility that the conviction will be quashed.
For more information on this process, contact the CCRC on 0121 233 1473 or get an application form on their website
The CCRC can deal with cases in England, Wales and Northern Ireland. For cases in Scotland, contact the Scottish CCRC
