Важные изменения в процессе получения убежища в Великобритании
Major changed in the UK Asylum application process
24 February 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> The Home Office is introducing a ‘streamlined asylum process": https://www.gov.uk/government/speeches/pm-statement-on-illegal-migration-13-december-2022
The Home Office intends to:
· Simplifying policy guidance;
· Removing the requirement for substantive interviews where appropriate, for example where a decisions can be taken on the information available; and
· Create an operation where decision-makers are specialists in nationalities or certain case-types.
For adults and family claims, one of the ways in which we will achieve these aims is by introducing a streamlined asylum process; this process will seek to more efficiently conclude manifestly well-founded claims. This will involve removing the requirement to have substantive asylum interviews where we have sufficient information to decide their claim. We assess that this is most likely to be the case across high-grant nationalities. Consequently, we plan to rollout this process for legacy claimants who are confirmed nationals of Afghanistan, Eritrea, Libya, Syria and Yemen. This cohort will be kept under close review and we will continue to assess claims on a case-by-case basis, meaning that claims from other nationalities may proceed without a personal interview where appropriate.
To aid this process, for adult and family claims we will be issuing an asylum claim questionnaire to claimants who have not yet been substantively interviewed and are one of the aforementioned nationalities. The intention of these questionnaires is to enable claimants to provide any further information about their claims which, in turn, could lead to a positive decision being taken without a substantive interview. Please note asylum claims will not be refused without a personal interview unless one of the exceptions in paragraph 339NA of the Immigration Rules applies.
Should claimants approach you for assistance, we would be very grateful if you can continue the work you do with asylum seekers in the UK by supporting them with this questionnaire. 20-working days will be provided for claimants to return this questionnaire. A reminder will be sent thereafter should the questionnaire not be returned. Extensions can be requested where required. A failure to return the questionnaire without reasonable explanation may result in an individual’s asylum claim being withdrawn in line with the published policy on withdrawing asylum claims: Withdrawing asylum applications: caseworker guidance - GOV.UK (www.gov.uk).
Whilst we will begin to dispatch the asylum claim questionnaire to nationals of Afghanistan, Eritrea, Libya, Syria and Yemen, we may extend the use of the questionnaire as a means to gather additional information from other claimants awaiting an asylum decision in due course. We will provide further details on this in due course.
Where further information is required after the questionnaire is returned, we will, where possible, conduct a targeted or shorter interview to obtain the necessary information from the claimant as quickly as possible. Targeted interviews will concentrate on the claimant’s nationality and will last for around 1-hour whilst shorter interviews will concentrate on a small number of material facts and will last for around 2-hours.
There may be occasions where claimants will need to be referred for a substantive interview as is current practice, for example where there are criminality or security concerns.
At least in the first instance, this approach will only apply to legacy claims. We will seek to translate the principles of this process – where they operate successfully – into flow caseworking for asylum claims made on or after 28 June 2022 in due course.
[...]
Yesterday, the Home Office published new Guidance on ‘Streamlined asylum processing". The section on ‘Asylum Questionnaire’ includes (but is not limited to) the following (emphasis added):
‘You must provide claimants with a minimum of 20 working days from the date of service of the questionnaire to return the asylum questionnaire. Should the claimant not respond within this time period, you must send a reminder and provide the claimant with a further 10 working days to return the asylum questionnaire unless a decision can be made at that point, for example because a substantive interview has taken place during this period or further evidence has been provided by the claimant separately.
Where a claimant requests an extension of the deadline in order to respond to the questionnaire, you must consider the request for an extension on a case-by-case basis. It will normally be appropriate to accept such requests as long as the requested extension is proportionate for the task of completing the asylum questionnaire. If the request is reasonable and proportionate to the reasons for the request, you must confirm that an extension has been granted. If the request is not reasonable and proportionate, you must confirm that the claim may be withdrawn if it is not returned within the timescale provided. Extension requests for durations of greater than 20 working days are unlikely to be reasonable and proportionate unless exceptional circumstances are presented.
[...]
Should the claimant not return the Asylum Questionnaire in the time period provided, the asylum claim may be treated as withdrawn under Paragraph 333C of the Immigration Rules. You should refer such claims to the relevant team to consider whether withdrawal of the asylum claim is appropriate. For further information, please see the Asylum Policy Instruction on Withdrawing asylum claims.’
However, please note that the questionnaire which we understand is being sent to asylum claimants whose claim is subject to this new 'streamlined asylum process' states (inter alia):
‘Enclosed is an Asylum Claim Questionnaire. Please complete and return this within 20 working days to:
or via post to the address on the top of this letter. Working days do not include weekends or bank holidays.
If you cannot return the questionnaire within 20 working days of the date of this letter, you can contact us at ---- to request an extension.
If you need advice on obtaining a legal representative, please refer to: https://www.gov.uk/find-an-immigration-adviser.
If you do not complete and return your Asylum Claim Questionnaire within the time provided or request an extension, we may consider your asylum claim to be withdrawn under paragraph 333C of the Immigration Rules and discontinue consideration of your claim.’
24 February 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> The Home Office is introducing a ‘streamlined asylum process": https://www.gov.uk/government/speeches/pm-statement-on-illegal-migration-13-december-2022
The Home Office intends to:
· Simplifying policy guidance;
· Removing the requirement for substantive interviews where appropriate, for example where a decisions can be taken on the information available; and
· Create an operation where decision-makers are specialists in nationalities or certain case-types.
For adults and family claims, one of the ways in which we will achieve these aims is by introducing a streamlined asylum process; this process will seek to more efficiently conclude manifestly well-founded claims. This will involve removing the requirement to have substantive asylum interviews where we have sufficient information to decide their claim. We assess that this is most likely to be the case across high-grant nationalities. Consequently, we plan to rollout this process for legacy claimants who are confirmed nationals of Afghanistan, Eritrea, Libya, Syria and Yemen. This cohort will be kept under close review and we will continue to assess claims on a case-by-case basis, meaning that claims from other nationalities may proceed without a personal interview where appropriate.
To aid this process, for adult and family claims we will be issuing an asylum claim questionnaire to claimants who have not yet been substantively interviewed and are one of the aforementioned nationalities. The intention of these questionnaires is to enable claimants to provide any further information about their claims which, in turn, could lead to a positive decision being taken without a substantive interview. Please note asylum claims will not be refused without a personal interview unless one of the exceptions in paragraph 339NA of the Immigration Rules applies.
Should claimants approach you for assistance, we would be very grateful if you can continue the work you do with asylum seekers in the UK by supporting them with this questionnaire. 20-working days will be provided for claimants to return this questionnaire. A reminder will be sent thereafter should the questionnaire not be returned. Extensions can be requested where required. A failure to return the questionnaire without reasonable explanation may result in an individual’s asylum claim being withdrawn in line with the published policy on withdrawing asylum claims: Withdrawing asylum applications: caseworker guidance - GOV.UK (www.gov.uk).
Whilst we will begin to dispatch the asylum claim questionnaire to nationals of Afghanistan, Eritrea, Libya, Syria and Yemen, we may extend the use of the questionnaire as a means to gather additional information from other claimants awaiting an asylum decision in due course. We will provide further details on this in due course.
Where further information is required after the questionnaire is returned, we will, where possible, conduct a targeted or shorter interview to obtain the necessary information from the claimant as quickly as possible. Targeted interviews will concentrate on the claimant’s nationality and will last for around 1-hour whilst shorter interviews will concentrate on a small number of material facts and will last for around 2-hours.
There may be occasions where claimants will need to be referred for a substantive interview as is current practice, for example where there are criminality or security concerns.
At least in the first instance, this approach will only apply to legacy claims. We will seek to translate the principles of this process – where they operate successfully – into flow caseworking for asylum claims made on or after 28 June 2022 in due course.
[...]
Yesterday, the Home Office published new Guidance on ‘Streamlined asylum processing". The section on ‘Asylum Questionnaire’ includes (but is not limited to) the following (emphasis added):
‘You must provide claimants with a minimum of 20 working days from the date of service of the questionnaire to return the asylum questionnaire. Should the claimant not respond within this time period, you must send a reminder and provide the claimant with a further 10 working days to return the asylum questionnaire unless a decision can be made at that point, for example because a substantive interview has taken place during this period or further evidence has been provided by the claimant separately.
Where a claimant requests an extension of the deadline in order to respond to the questionnaire, you must consider the request for an extension on a case-by-case basis. It will normally be appropriate to accept such requests as long as the requested extension is proportionate for the task of completing the asylum questionnaire. If the request is reasonable and proportionate to the reasons for the request, you must confirm that an extension has been granted. If the request is not reasonable and proportionate, you must confirm that the claim may be withdrawn if it is not returned within the timescale provided. Extension requests for durations of greater than 20 working days are unlikely to be reasonable and proportionate unless exceptional circumstances are presented.
[...]
Should the claimant not return the Asylum Questionnaire in the time period provided, the asylum claim may be treated as withdrawn under Paragraph 333C of the Immigration Rules. You should refer such claims to the relevant team to consider whether withdrawal of the asylum claim is appropriate. For further information, please see the Asylum Policy Instruction on Withdrawing asylum claims.’
However, please note that the questionnaire which we understand is being sent to asylum claimants whose claim is subject to this new 'streamlined asylum process' states (inter alia):
‘Enclosed is an Asylum Claim Questionnaire. Please complete and return this within 20 working days to:
or via post to the address on the top of this letter. Working days do not include weekends or bank holidays.
If you cannot return the questionnaire within 20 working days of the date of this letter, you can contact us at ---- to request an extension.
If you need advice on obtaining a legal representative, please refer to: https://www.gov.uk/find-an-immigration-adviser.
If you do not complete and return your Asylum Claim Questionnaire within the time provided or request an extension, we may consider your asylum claim to be withdrawn under paragraph 333C of the Immigration Rules and discontinue consideration of your claim.’
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Комментарии
"On 23 February 2023, the Home Office launched a new streamlined asylum processing model, to accelerate the process for certain cohorts of asylum-seekers by allowing decision-makers to grant asylum without conducting an interview. Streamlining will apply only to ‘legacy’ (pre-28 June 2022) claims. In other words, only for individuals who claimed asylum before the Nationality and Borders Act 2022 came into force.
The new streamlining process will concentrate on individuals from Afghanistan, Eritrea, Libya, Syria, and Yemen. These countries have been identified due to their high-grant rates of protection status (over 95%) as a result of the current security and humanitarian situations there. Guidance for Home Office staff notes that this threshold, along with the countries included, is subject to change and will be regularly reviewed."
NEW ASYLUM QUESTIONNAIRE LINK: https://assets.documentcloud.org/doc...al-updated.pdf