Navigating inadmissibility claims for asylum seekers in the UK
06.08.2024
UK Asylum Rules and the Inadmissibility Policy: A Comprehensive Overview
In January 2021, the UK government introduced new rules designating some asylum claims as “inadmissible.” This policy arose from the need to replace the Dublin Regulations, which ceased to apply after Brexit. The inadmissibility rules allow the UK to avoid considering certain asylum claims, shifting responsibility to other countries.
The Asylum Screening Interview
The asylum screening interview is the initial step in the asylum process. During this interview, applicants are questioned about their journey to the UK. These questions help determine whether the UK is responsible for processing the asylum claim. Applicants will be asked if they have sought asylum or received refugee status in other countries and why they did not seek asylum in countries they travelled through before reaching the UK.
Understanding Inadmissibility
Inadmissibility rules stipulate that asylum claims may be declared inadmissible if the claimant was present in or had a connection to a safe third country where they could have sought protection. The key elements of inadmissibility include:
- Presence in a safe third country where protection could have been claimed.
- Reasonable prospect of removal to a safe third country within a reasonable time.
If these conditions are met, the UK may not consider the asylum claim and instead attempt to remove the claimant to a safe third country.
Legal Challenges and the Supreme Court Ruling
The Rwanda policy faced extensive litigation, and on November 15, 2023, the UK Supreme Court ruled it unlawful. Despite this, the previous government pursued the plan, resulting in the controversial Safety of Rwanda Act in April 2024, backed by a treaty with Rwanda. However, the new Labour government elected in July 2024 halted the Rwanda Act and Treaty.
Judicial Review and the Resolution
In July 2024, the Home Office settled a judicial review claim challenging the legality of the inadmissibility rules, agreeing to treat those affected as part of the UK asylum system from their initial claim date. This decision was a significant relief for many.
Case Study: Our Client’s Experience
Our client, a 27-year-old asylum seeker, illustrates the challenges faced by those caught in the inadmissibility system. After escaping the war, our client travelled through several countries before reaching the UK. Despite a perilous journey and a legitimate fear of persecution, the client’s asylum claim was initially deemed inadmissible due to having passed through other safe countries.
Upon receiving a Notice of Intent, our client’s asylum process was paused, leading to significant uncertainty and distress. However, with legal representation, we were able to challenge the inadmissibility claim. The recent judicial review settlement provided a breakthrough, allowing our client’s claim to be considered as part of the UK asylum system.
This outcome not only offered relief to our client but also highlighted the importance of legal advocacy and the potential for positive change within the asylum process.
The Process of Inadmissibility
Upon receiving a Notice of Intent, the claimant’s asylum process in the UK is paused while the case is considered. Removal from the UK only becomes a possibility upon receiving a formal decision of inadmissibility, which can only occur if a third country agrees to accept the claimant. To date, most people who receive Notices of Intent eventually have their claims processed in the UK due to the lack of agreements with third countries.
Humanitarian Protection and Judicial Review
An inadmissibility decision also affects claims for Humanitarian Protection, which will be deemed inadmissible if the asylum claim is. Such decisions cannot be appealed but can be challenged through judicial review, which examines the decision-making process rather than the decision itself.
A decision of inadmissibility prevents further submissions for a fresh claim, as it is not a decision on the asylum claim itself.
The inadmissibility rules have created significant challenges for asylum seekers in the UK. However, the recent legal victories provide hope for a more just and humane asylum process.
For more detailed information and updates, seek advice from our immigration lawyer to ensure a smooth and successful application process.
