NCADC Campaigning Toolkit
Administrative removal
An enforced removal when you don’t have any leave to remain; if your application for leave to remain – including claiming asylum – has been refused; or you did have some form of leave to remain/visa but it has now expired. It differs from a deportation in legal terminology, as a deportation will normally be following a criminal conviction.
Appeal
An appeal, in the context of an asylum and immigration case, is a challenge to a decision, such as a refusal of an asylum application. In an appeal you (or your legal representative) explain why you think the decision is wrong. This may be by providing evidence, using legal arguments, or explaining how procedure has been wrongly followed or how what you said or wrote has been misunderstood. UKBA may also appeal a decision, for example if you are successful in an appeal.
Appeal rights exhausted
If you are ‘appeal rights exhausted’, you have few or no legal options left in your case. UKBA usually send you a letter to inform you that you are ‘appeal rights exhausted’ after your application has been refused and you have unsuccessfully tried to appeal this decision in the First-tier Tribunal. There may still be legal options for pursing your application, however (aside from submitting new evidence to be considered as a fresh claim): the Upper-tier Tribunal; a judicial review; or other higher courts. Most cases do not succeed in reaching these higher courts, however, so ‘appeal rights exhausted’ is taken to mean the common legal routes have been tried and have been refused. UKBA will view you as having no right to stay in the UK at this point, will encourage you to leave the country, and are likely to detain you and issue removal directions.
Article 3
Article 3 of the European Convention on Human Rights (which is part of UK law under the Human Rights Act) says that ‘No one shall be subjected to torture or inhuman or degrading treatment or punishment’. You can make a claim for protection based directly on Article 3 as states are prohibited from returning a person to a country where you may suffer a violation of your rights under Article 3. It is an absolute right, meaning that it should not be violated under any circumstances.
Article 8
Article 8 of the European Convention on Human Rights (which is part of UK law under the Human Rights Act) states that ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’ This right is qualified, which means there are certain situations when the state (the UK government) can interfere with this right if it is ‘necessary’ and ‘proportionate’ to do so ‘in the interests of the permissible aims of the state’. Immigration control has been determined a permissible aim of the state, and if UKBA decide and the courts agree that your right (and your family’s right) to private and family life in the UK does not outweigh the ‘interests of national security, public safety or the economic well-being of the country … the prevention of disorder or crime … the protection of health or morals, or for the protection of the rights and freedoms of others’, they can lawfully deport you without breaching your Article 8 rights.
Article 15c of the Qualification Directive, which is the interpretation of the Refugee Convention in European Law. The relationship between the Refugee Convention, the Qualification Direction, and the European Convention on Human Rights is complicated.
Article 15c refers to a ‘serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.’ This is different from the individualised, specific threat to you covered in the Refugee Convention. Article 15c covers situations where civilians are at serious risk simply by being present in a very dangerous situation of armed conflict where indiscriminate violence is widespread.
Very few situations have been ruled to reach this high criterion, but if they have then humanitarian protection may be granted.
Article 31 defence
The Refugee Convention of 1951 acknowledges the danger for some people of using a real passport in their name, and states that asylum seekers should not be punished for this if they have a good reason for using false documents:
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. (Article 31)
Unfortunately, many asylum seekers are prosecuted by the UK government for the use of a false passport. They may be represented by lawyers who specialise in criminal law and do not know this Article 31 defence, so 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).
Asylum interview
See Substantive interview.
Asylum seeker
If you have claimed asylum in the UK, but have not yet had a decision on your case, you are an asylum-seeker. In legal terms, you are only a ‘refugee’ once your asylum claim has received a positive decision.
Asylum support
If you are a destitute asylum seeker, you may be able to receive accommodation and/or subsistence (financial) support from the UK Border Agency. It is sometimes referred to as ‘NASS support’ because it used to run by the National Asylum Support Service. If your asylum claim has been refused and you have no ongoing appeal, you may be able to apply for Section 4 support (see below). If you have additional care needs (due to serious illness or disability), you may also be able to get support from the local government authority (social services/housing services).
Asylum seekers in general do not have the right to work. If you have been waiting for more than a year for a decision on your claim, you may be entitled to a work permit, but the government has made the categories of permitted work very restrictive. Asylum seekers are not entitled to mainstream benefits, unless they have additional care needs or are a young person looked after by social services.
Automatic deportation
This is the enforced removal of someone after a criminal sentence of at least 12 months or a period of imprisonment for a particularly serious offence, under the UK Borders Act 2007. UKBA do not need a court recommendation (at the time of sentencing) for this type of deportation. There are human rights grounds that can prevent automatic deportation.
Bail
Immigration bail is a legal procedure available to any person who has been detained by UKBA in a detention centre for seven days or more. It is an application to a court for release, usually under certain conditions.
Barrister
Barristers are specialist legal advisers and court room advocates. In England and Wales, you may be represented by a barrister at the immigration tribunal, and if your case goes to the higher courts, it will usually be a barrister speaking in court in support of your case.
Case law
Case law is the body of available writings explaining the verdicts in a case, and is used to explain the meaning of laws and policy. By looking at the outcomes of previous cases that deal with a particular aspect of the law or policy (the ‘case law’), it can be decided what is lawful in a particular situation.
Case owner
The UKBA uses ‘case owner’ to refer to an official within its New Asylum Model who is responsible for an asylum case throughout the process, from application to the granting of status or removal. Their roles include deciding whether status should be granted, handling any appeal, dealing with asylum support, integration or removal. After your asylum interview, you should know who your case owner is and how to contact them.
Case Resolution Directorate
The case resolution process was set up to deal with unresolved cases for people who had claimed asylum before April 2007 (often referred to as ‘legacy’ cases’). Many people whose cases were being dealt with under legacy waited many years for a decision. Although the directorate ceased operations in 2011, there are still people who claimed asylum before 2007 who have not yet had a decision on their case.
Initially, most positive decisions in cases dealt with under legacy resulted in Indefinite Leave to Remain, based on length of time in the UK. Many cases decided towards the end of the legacy period were granted Discretionary Leave to Remain, rather than Indefinite Leave to Remain, though there is currently an ongoing legal challenge to this. Asylum risk has not been considered in these cases (whether granted Indefinite Leave to Remain or Discretionary Leave to Remain).
Not all cases handled by the Case Resolution Directorate were decided positively, and there is no right of appeal against a negative decision. You will need to speak to a legal advisor about options such as judicial review if you receive a negative decision without good reasons. Most cases where the applicant has a criminal conviction are refused.
Caseworker
Your legal representative may be a caseworker. They will not necessarily have qualified as a solicitor, but will have qualified as an immigration caseworker under the OISC/LSC regulations (who regulate immigration legal advice) and so are permitted to give legal advice on asylum, immigration and relevant areas of human rights law.
Certified
If your asylum or human rights application is certified under Section 94 of the Nationality, Immigration and Asylum Act 2002, you do not have the right to appeal in the UK. The power can only be used in cases where the claim is considered to be ‘clearly unfounded’, either on a case-by-case basis, or because your country of origin is seen as generally safe with effective mechanisms of protection.
If your further submissions (which you wish to be considered as a fresh claim) are certified under Section 96 of the Nationality, Immigration and Asylum Act 2002, you also do not have the right of appeal. This use of this power effectively says that UKBA do not consider the evidence you have submitted to be new (and relevant to your case), therefore any decisions on this material could have been appealed if you had submitted it while your initial claim was considered. With both of these certifications, the decision to certify can be challenged by judicial review.
Charter flight
Private flights used to deport people in large numbers. There will only be deportees and security staff on the flight. UKBA refuse to release the names of companies used for these flights, and do not tell you which airport you will be flown from. If you are going to be deported on a charter flight, the flight number on your removal directions or deportation order will begin ‘PVT’, meaning private.
Constituency
A constituency is an electoral district. Residents of a constituency with the right to vote elect a member of parliament or assembly to represent that district. You can find out which constituency you live in, and who represents you, at this website.
Councillor
Local councils are run by elected councillors who are voted for by local people. Councillors are responsible for making decisions on behalf of the community about local services, for example rubbish collection and leisure facilities, and agreeing budgets and Council Tax charges.
Counsel
This word may be used to describe a barrister in England and Wales, or an advocate in the Scottish legal system.
Country guidance case
These are asylum appeals chosen by the immigration tribunal to give legal guidance for a particular country, or a particular group of people in a particular country. The decisions in these cases are assumed to be based on the best possible evidence about that country at that time. Until there are significant changes in that country, a country guidance decision sets out the law for other asylum-seekers from that country.
Court of Appeal
The Court of Appeal is the highest court within the higher courts (known as the Senior Courts, which also includes the High Court and Crown Court). If an asylum or human rights case has been refused by the Upper Tribunal, in some circumstances it may be possible to challenge the decision by appealing to the Court of Appeal. See ‘Higher Courts’ section of the Toolkit.
Court of Session
The Court of Session, Scotland’s supreme civil court, sits in Parliament House in Edinburgh as a court of first instance and a court of appeal. Cases decided by the Court of Session can be appealed at the UK Supreme Court. The court is divided into the Outer House and the Inner House. The Outer House can hear judicial reviews, like the High Court in England, Wales and Northern Ireland. The Inner House is an appeal court, like the Court of Appeal in England, Wales and Northern Ireland.
Deportation
Globally, ‘deportation’ refers to any enforced immigration removal. In the UK, the term now has a specific legal meaning, and usually refers to the enforced removal of someone who is not British and has served a criminal sentence in the UK. In most non-legal contexts in the UK, and in this Toolkit, the term deportation is used to refer to any enforced removal unless specifically stated.
Deportation Order
The legal document issued by UKBA that requires someone to leave the United Kingdom. Someone issued with a deportation order (usually after completing a criminal sentence in the UK) is prohibited from re-entering the country for as long as it is in force. Once a decision to deport is made, a Deportation Order is issued and then Notice of Deportation Arrangements will be issued as well.
Destitute
Destitute migrants are those without an income (not allowed to work or no access to financial support), and are often homeless. Access to services like medical care and education can be very difficult if you are destitute. Still Human Still Here, which campaigns against the destitution of refused asylum seekers, describes the situation like this:
In the UK, many rejected asylum seekers are living from hand to mouth, with all avenues to a normal life blocked. Most live in abject poverty relying on others to survive, sometimes going hungry and sleeping in the streets. Many appear to have given up hope of ever being able to live a normal life and some have lost the will to live.
Detention centre
UKBA changed the name of detention centres – where people subject to immigration control can be held – to ‘immigration removal centres’. As many detainees are held for long periods of time without a prospect of removal, it is not an accurate term, and NCADC continues to use the term detention centre. Short-term holding facilities are also detention centres. You can find a directory of detention centres here.
Direct action
Physical action to attain an objective through physical means, as opposed to only taking matters through procedural, court or parliamentary means. In the anti-deportation context, it may range from public demonstrations and lobbies to actions designed to obstruct an individual or charter deportation.
Discrepancies
UKBA often refuse asylum applications because of discrepancies. This is when there is a small difference in a story which you have been asked to tell on different occasions, such as saying in your screening interview you escaped from prison on a Monday evening, and later on saying in your asylum interview that you escaped on a Tuesday morning.
Discretionary Leave to Remain
A form of leave to remain in the UK that is granted outside of the immigration rules. It may be granted to unaccompanied asylum seeking children whose asylum claims have been refused but cannot be returned; or people excluded from refugee status/humanitarian protection but whose Article 3 rights would be violated if they were returned.
Many cases decided towards the end of the legacy period were granted Discretionary Leave to Remain, rather than the Indefinite Leave to Remaim, though there is currently an ongoing legal challenge to this.
Successful human rights claims based on Article 8 often resulted in the granting of Discretionary Leave to Remain also, but the current government has severely restricted the circumstances under which leave can be granted outside of the immigration rules, particularly for family migration.
Discretionary power
The power the secretary of state (the Home Secretary) has to stop a removal/deportation or grant someone leave to remain outside of the immigration rules.
Discrimination (compared to persecution)
According to the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, discrimination may not normally amount to persecution, but a pattern of discrimination or less favourable treatment could, on cumulative grounds, amount to persecution and mean that refugee status is needed. Serious restrictions on the right to earn a living, the right to practise your religion, or access to available educational facilities might fall under this category.
Escort staff
The private security guards that carry out enforcement operations (detention and removal) for UKBA. There are many concerns about UKBA subcontracting out these operations to private companies. For more information on this, see NCADC blog-post and report.
European Convention on Human Rights
An international treaty to protect human rights and fundamental freedoms in Europe. It is incorporated into UK law and so the UK government is obliged to protect the rights covered in the convention.
European Court of Human Rights
The European Court of Human Rights in Strasbourg was established by the European Convention on Human Rights and hears complaints that a state (if it has signed the convention) has violated the human rights protected in the Convention and its protocols. Complaints can be brought by individuals or other states who have signed the Convention, and the Court can also issue advisory opinions.
European Court of Justice
This court in Luxembourg is officially called the Court of Justice of the European Union and is the highest court in the European Union in matters of European Union law. It is tasked with interpreting EU law and ensuring its equal application across all EU member states.
Failed asylum seeker
This term is used to describe a person whose asylum claim has been refused. Because of its negative connotations – and the fact it is so often the system that has failed not the asylum seeker – many people prefer to use the term refused asylum seeker instead.
False instrument
The legal term used for a false passport or identity papers.
First-tier Tribunal
This is the first level of the immigration tribunal (court) at which you can appeal a negative asylum or immigration decision.
Foreign national prisoners
Any non-British citizen under the authority of the criminal justice system (remanded, convicted or sentenced). The term (which is not a legal one, but has been adopted by politicians and the media) also refers to foreign nationals detained under immigration powers after they have served their sentences, either in prison or detention centres; and foreign nationals released into the community by court service on bail or by UKBA while their deportation is considered.
Fresh claim
A fresh claim is when further evidence submitted after an asylum or human rights claim has been refused and any appeals lost is decided to meet rule 353 of the Immigration Rules. The rule states that the submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content: (i) had not already been considered; and (ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
Further submissions
Further submissions can be given to UKBA at any point after an asylum claim or human rights application is refused, but a fresh claim is only when appeal rights are exhausted. You may hear further submissions referred to as ‘further representations’ or ‘further evidence’.
High Court
The High Court of Justice (usually known simply as the High Court) is also known as the High Court of England and Wales and abbreviated by EWHC. The High Court deals at first instance with all high value and high importance cases, and can judicially review (assess the reasonableness and legality of) the decisions of lower courts.
Home Office
The government department for policies on immigration, passports, counter-terrorism, policing, drugs and crime. UKBA is a department of the Home Office. The Home Office is headed by the Home Secretary.
Humanitarian protection
This type of protection comes from the Qualification Directive, which is the interpretation of the Refugee Convention in European Law. The relationship between the Refugee Convention, the Qualification Direction, and the European Convention on Human Rights is complicated. Broadly speaking, Humanitarian protection may be granted when there is a risk of unlawful killing, some uses of the death penalty, breaches of Article 3 and when there is a ‘serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.’
Immigration removal centre
The official name for a detention centre (distinct from short-term holding facilities).
Immigration Rules
These are published by the Home Office and set out the rules which immigration applications have to follow to be successful. They are frequently amended. They have been described as "not subordinate legislation but detailed statements by a minister of the Crown as to how the Crown proposes to exercise its executive power to control immigration."
They can be found on the Home Office website.
Indefinite leave to remain (ILR)
ILR is leave to remain without any time limit, and is a form of settled status. It can be granted at the later stages of various immigration applications (such as spouse visas) and after the necessary renewing of discretionary leave (which is usually granted for 6 months or 3 years). ILR used to be granted if an asylum claim was recognised, but this has now been replaced by 5-year refugee status (after which you can apply for ILR). ILR was also generally the leave to remain in the UK granted to successful cases in the legacy/Case Resolution Directorate programme. There is a route to British citizenship after the granting of ILR.
Injunction
An injunction prevents an illegal act or enforces the performance of a duty. It is sometimes granted at the permission stage of the proceedings as a temporary order made before the court considers the case fully at the final hearing – for example, an injunction may be granted to stop your deportation allowing time for the High Court to hear your judicial review of UKBA’s refusal of your fresh claim.
When considering your asylum application, the Home Office and the courts will consider whether there is somewhere else in your country you could go and be safe. This is frequently argued by the Home Office– they may accept that you would be at risk in Baghdad, for example, but argue that you would be safe if you relocated to the Kurdish Regional Government (KRG) area of northern Iraq. Or accept that you may be at risk of persecution because of your clan identity in Mogadishu (capital of Somalia), but argue that you would be safe in Somaliland because your clan has protection from a majority clan there.
To show that internal relocation is not going to protect you, you would either need to prove that the risk you face would follow you to where you were relocated (e.g. you would be tracked down by the person trying to harm you), or that you may be safe from persecution but other risks would present themselves. This may be because you have no family or social networks there and could not safely begin a new life there. Economic and social factors should be considered here – would you be able to make a living if you didn’t know anyone and had no social, religious or ethnic connections? If you couldn’t make a living, what would happen to you? The test that is applied is whether asking you to relocate within your country would be ‘unduly harsh'.
Judicial review
Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body (in asylum and immigration, this is usually UKBA). It is a challenge to the way in which a decision has been made. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the law has been correctly applied and the right procedures have been followed.
Lawyer
In the UK, this term can be used for anyone qualified to give legal advice (which could include a caseworker, solicitor or barrister).
Legacy cases
See Case Resolution Directorate.
Legal advice
There are strict rules on who can give (legal) immigration advice, under the 1999 Immigration and Asylum Act. Section 82 of that act defines what is meant by immigration advice – ‘advice which relates to a particular individual’, though later case law has expanded this definition. Section 84 of the Act makes it a criminal offence for any who is not qualified and regulated to give immigration advice. You should check that your legal advisor is qualified to give individual advice on your case, and if you are not qualified as a legal advisor you should not give anyone legal advice.
Legal aid
Legal aid helps people with no or a low income pay for the cost of getting legal advice. The government allocates funds for this purpose, and the legal aid fees are paid directly to the legal advice provider. The amount that can be paid to legal advice providers, and the kind of work covered by this system, has been significantly reduced. Find out more here.
LSC
Legal Services Commission, responsible for the operational administration of legal aid in England and Wales.
Mayor
Council leader, elected by other councillors or in some places directly by the people that live in the locality.
McKenzie friend
People, usually volunteers who are not qualified to give legal advice, who work for legal advice or legal support projects, usually supervised by immigration specialists. They are not usually able to represent you but can assist you in gathering evidence to support your case, preparing witness statements and/or written legal arguments. If they support you at a court hearing, they cannot answer questions for you but can assist you in making notes of what happens at the hearing, and in some cases also giving you assistance in making submissions to the court.
MP
Member of parliament. A person elected to represent the people of a certain area of the UK in the lower house of UK parliament, the House of Commons.
MP’s surgery
One-to-one meeting where an MP meets with a constituent(s) to discuss their concerns. Usually held at the MP’s local office (where their constituency is, not at Westminster) on a regular day and at a regular time.
MEP
A member of the European Parliament. MEPs stand for a particular political party (or are independent) and are elected by region in the UK. They cannot directly influence local affairs and do not have power within the UK parliament.
MSP
A member of Scottish Parliament. Scotland is part of the United Kingdom, and elects MPs to the UK parliament, but also has a Scottish Parliament. The Scottish government has powers in areas such as health, education and justice, but not immigration and asylum. These matters are ‘reserved’ to the UK parliament, meaning the Scottish government and members of the Scottish Parliament can have no influence on the law.
NAM
The New Asylum Model (NAM) was introduced by the UKBA in April 2007 for all new asylum claims. NAM entails a ‘case owner’ from the UKBA who is responsible for processing the application from beginning to end.
NASS support
See Asylum support.
Non-state actor
The legal term used to refer to those persecuting you if they are not the state, working for the state, or a group ruling in place of a formal government. A non-state actor may be a member of your family, a gang, religious or political opponents who are not part of the state but who will persecute you. To qualify for refugee status because you fear persecution from a non-state actor, you must show that you cannot be protected from this persecution by the state/your government.
Notice of Deportation Arrangements
The document issued by UKBA to someone who is subject to a deportation order. The letter will give the details of the intended deportation flight (flight number, country, date and time).
Objective evidence
General information about the situation in your country from reliable sources such as human rights organisations or trusted media sources; or an expert statement on your country or situation.
OISC
Office of the Immigration Services Commissioner, which regulates immigration advisers.
Operational guidance notes (OGNs)
Produced by the Home Office, they provide a brief summary of the general, political and human rights situation in a country and describe common types of claim. They give guidance on whether the main types of claim are likely to justify the grant of asylum, humanitarian protection or discretionary leave.
Overstayer
A person who was allowed into the UK for a limited period but who has remained longer than the time allowed without permission from the Home Office or under the Immigration Rules.
Persecution
Persecution is the systematic mistreatment of a person or a group. Under the Refugee Convention, persecution has a distinct meaning that means serious, targeted mistreatment that goes above the level of discrimination.
The definition of persecution which UKBA will use when deciding on asylum claims comes from the Refugee or Person in Need of International Protection (Qualification) Regulations 200 (though there is case law which allows for a broader definition):
Act of persecution
5.— (1) In deciding whether a person is a refugee an act of persecution must be:
(a) sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms(1); or
(b) an accumulation of various measures, including a violation of a human right which is sufficiently severe as to affect an individual in a similar manner as specified in (a).
(2) An act of persecution may, for example, take the form of:
(a) an act of physical or mental violence, including an act of sexual violence;
(b) a legal, administrative, police, or judicial measure which in itself is discriminatory or which is implemented in a discriminatory manner;
(c ) prosecution or punishment, which is disproportionate or discriminatory;
(d) denial of judicial redress resulting in a disproportionate or discriminatory punishment;
(e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under regulation 7 [exclusion clauses]
(3) An act of persecution must be committed for at least one of the reasons in Article 1(A) of the Geneva Convention.
Pro bono
In law, the term pro bono refers to legal work that is performed voluntarily and free of charge. The lawyer does not seek any payment for the work.
Refugee
The word refugee has several meanings in international contexts, and in popular usage. In legal terminology in the UK, a refugee is someone whose asylum claim has been recognised under the Refugee Convention and who has been granted status (leave to remain).
Refugee Convention
The 1951 Convention Relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. The Refugee Convention defines a refugee as someone
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 is 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 as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
The UK is signatory to the Refugee Convention, which is translated into European law through the Qualification Directive.
Removal Directions
The legal document issued by UKBA to tell you the date, time, and flight number of an enforced removal.
Rolled-up hearings
If you are applying for permission to appeal to one of the higher courts, you may have a permission hearing (or your application for permission may be decided on the papers/documents alone). If you have a permission hearing, it may be decided in advance that there will be a 'rolled-up' hearing. This means that there will be the permission hearing and if permission is granted, the substantive hearing will follow straight after.
Rule 35
Detention Centre rule 35 requires detention centre doctors to report to UKBA ‘any detained person whose health is likely to be injuriously affected by continued detention or any conditions of detention’.
Rule 39
A Rule 39 application is an attempt to get the European Court of Human Rights (ECtHR) to make a binding interim measure on your case – this means a temporary measure before a long-term decision is made. One of the interim measures the Court can put in place is the suspension of removal directions.
'Safe country' list
See 'White list'.
Screening interview
This is the initial interview you will have after claiming asylum. In this interview, the UK Border Agency takes your personal details and information about your journey to the UK, and checks if you have claimed asylum in the UK or Europe before. They will give you a reference number for your application.
Secretary of state
A cabinet minister in charge of a government department. In most cases, the secretary of state referred to in legal documents and UKBA correspondence will be the Home Secretary, the minister responsible for the Home Office. When decisions are made in your case, it is said that the ‘secretary of state’ has decided, even though they will not have looked at your case personally. Similarly, appeals against a UKBA decision will often be ‘[your name] v SSHD’ (secretary of state for the Home Department).
Section 4 support
Accommodation and financial (non-cash) support available for some refused asylum seekers. It is called Section 4 because it is given under the terms of section 4 of the Immigration and Asylum Act 1999.
To receive Section 4 support, you must prove you are destitute and meet one of the following UKBA criteria:
you are taking all reasonable steps to leave the UK or you are placing yourself in a position where you can do so [you have signed for voluntary return]
you cannot leave the UK because of a physical impediment to travel or for some other medical reason; or
you cannot leave the UK because, in the Secretary of State’s opinion, no viable route of return is currently available; or
you have applied for a judicial review of your asylum application and have been given permission to proceed with it; or
accommodation is necessary to prevent a breach of your rights within the meaning of the Human Rights Act 1998.
For more information, see the Asylum Support Appeals Project factsheet.
Section 95 support
See Asylum support. It is called section support because section 95 of the Immigration and Asylum Act 1999 provides for the provision of support for asylum seekers.
After the asylum decision, if you are granted leave to remain your support will stop 28 days after you receive the decision. After that you are allowed to work or claim welfare benefits such as Income Support or Job Seeker’s Allowance. If your asylum application is refused and your appeal was dismissed, you will no longer be entitled to NASS support and it will stop 21 days after you get a negative decision in an appeal.
For more information, see the Asylum Support Appeals Project factsheet.
Short-term holding facilities
A detention centre where you can be held for less than seven days, before being transferred elsewhere. You may be held here immediately on being detained, for example, before being transferred to another detention centre for a longer period. Pennine House in Manchester, for example, is a short-term holding facility.
Solicitor
A solicitor is a lawyer who traditionally deals with any legal matter including conducting proceedings in court. In immigration cases, it is normally a barrister who will take a case to the higher courts (above the immigration tribunal).
Status
Immigration status could include: discretionary leave, indefinite leave to remain (which replaced the previous exceptional leave to remain), humanitarian protection, or refugee status.
Stayed deportation or case
To halt a deportation or judgment on a case, pending a further decision. A deportation might be stayed while a case is reconsidered, or a case may be stayed while the courts wait for the decision in an important case (usually in the higher courts) to guide their judgment.
Substantive interview
The ‘substantive interview’, or ‘asylum interview’, is held after your screening interview. This is when you describe to the UKBA case owner what has happened to you and what it is you fear in your own country. The interview will take several hours, sometimes all day.
Supreme Court
The highest court in the UK (the House of Lords used to fulfil that role).
Temporary admission
Temporary admission (also known as temporary release) is a status which allows a person to be lawfully in the UK without them being detained and before they have been granted leave to remain. Most people who claim asylum are given temporary admission while a decision is made on their case. The document that shows you have temporary admission is called an IS96. If you have been detained, you can apply for temporary admission from detention (which usually has less conditions attached to it than bail).
Ticket
This is how some people refer to removal directions or notice of deportation arrangements – if they have a date, time and flight number for enforced removal.
Tribunal
Asylum, human rights and immigration appeal hearings take place in a court called a tribunal. The Asylum and Immigration Chamber is independent from UKBA. There is a First-tier and an Upper-tier Tribunal.
Upper-tier Tribunal
This is part of the Immigration and Asylum Tribunal. If your appeal is refused at the First-tier Tribunal, you can apply for permission to appeal at the Upper-tier Tribunal if you think the First-tier Tribunal made an error in the way they applied the law in deciding your case. The Upper-tier Tribunal also exercises powers of judicial review in certain circumstances and enforces decisions made by the First-tier Tribunal.
UKBA
The UK Border Agency. The UK Government Home Office department responsible for handling all applications regarding immigration, nationality and asylum, as detention and removals/deportations (although they subcontract the running of detention centres and removal operations out to private companies). Formerly known as Border and Immigration Agency (BIA) and before that Immigration and Nationality Directorate (IND).
Unaccompanied asylum-seeking child (UASC) or unaccompanied minor
An unaccompanied asylum-seeking child is a child who is applying for asylum in their own right and is separated from both parents and is not being cared for in the UK by an adult who in law or by custom has responsibility to do so. For more information on unaccompanied minors, see the Young People Seeking Safety website and the Migrant Children's Project website.
Visa
A visa is a document which gives someone permission to travel into a specific country and stay there for a set period of time.
Voluntary return
A refugee or asylum seeker may decide to leave the UK and return to their country of origin. If you return to your country of origin, you may lose permission to stay and a right of entry to the UK. At the time of writing, Refugee Action runs the voluntary return programme (with the International Organisation for Migration still operating the scheme in a few countries such as Afghanistan). When you receive a refusal letter from UKBA, it will suggest you should discuss voluntary return with Refugee Action.
Many destitute refused asylum seekers sign up for voluntary return in the hope of receiving some financial assistance, as they have no other way to live and they do not think it is actually safe for them to return home. Some refused asylum seekers sign for voluntary return because they cannot bear to be destitute and disbelieved any longer.
Vouchers
If you are on Section 4 support (see above), you may hear the financial support referred to as ‘vouchers’. Although the voucher scheme has now been replaced by a card with the weekly financial support put on, people still use the term vouchers. You do not get financial support in cash if you are on Section 4 support.
White list
The Nationality, Immigration and Asylum Act 2002 (section 94) created a list of 'safe countries' from which ayslum claims would be dealt with in a different way. This list is sometimes known as the 'white list'. Applicants from these countries whose asylum claims are refused can usually only appeal from outside the UK.
For more information on the countries on the 'White list', read this ILPA paper.
Witness statement
A witness statement is a document recording the evidence of a person, which is signed by that person to confirm that the contents of the statement are true. A statement should record what the witness saw, heard or felt.
