When a lawsuit is denied, what should you do? is a popular topic on a evidence legal blog
Our previous blog post discussed the evidence procedure for domestic abuse seeking asylum in the United Kingdom. The next section discusses next steps if a case is denied.
Although most of our refugee friends have had their initial claim denied by the Home Office years ago, much of the information below is still relevant if you are submitting a new claim. In subsequent blogs, we will examine both the appeals process and new claims.
If the Home Office makes a decision
The Home Office interview process was outlined in the last blog post. You should have been given the opportunity to submit evidence in support of your statement and to correct any mistakes made during your interviews.
The Home Office will base its decision on the details you provide them with and whether or not they believe you meet the criteria for refugee status.
When waiting for a judgement, it’s not uncommon for more than six months to pass. When a case is denied, it can be disheartening, especially when the denial letter is long on boilerplate and short on compassion.
Yet, many appeals of Home Office denials are successful.
You may file an appeal with the Court of Appeal if the Home Office denies your asylum claim. This indicates you’re going to court to dispute children the decision made by the Home Office. This appeal will typically take place in the United Kingdom.
In order to appeal, you must fill out a form, but you can leave out any information you deem unnecessary. It’s only possible for you to do this for 14 days. Even if you don’t have a lawyer or know what to write, filing an appeal is almost always the best course of action. When preparing for the appeal hearing, you might send extra details and elaborate on your arguments. You’ll have to provide an explanation for your late appeal.
In preparing for your appeal hearing, you should address the Home Office’s concerns and provide further evidence, including reports, documents, and witness statements.
The Rejection Letter and Its Meaning
The Home Office should indicate what parts of your application they accept and which they reject in the determination letter. The letter will most likely state the grounds upon which the claim of denial is based. They can give the impression of being very direct or even hostile, claiming things like: you have been evasive or inconsistent; you have lied about some part; your assertions don’t square with evidence from the country; or your narrative isn’t credible. Defeatism is a natural response to these.
After receipt of the judgement, you and your legal counsel should take into account the following:
Is the Home Office’s interpretation of the law accurate?
The Home Office needs to know if the applicant has attempted to a) offer documented or supporting proof, b) tried to get the evidence or explained why they can’t, c) completely answered the questions requested, and d) does what they claim match information about the country they escaped from. If that’s the case, they should give you the “benefit of the doubt” and take the information you’ve presented as true.
Those at Home Office don’t have to verify your claims. A “reasonable degree of possibility” that your explanation is true must be established, and this requires a holistic evaluation of the evidence. The bar or standard is really low here. Most of the time, they don’t even use it correctly.
Have they recorded all of your evidence or did they miss anything significant?
It’s possible that the Rejection Letter will distort or leave out key information regarding your case. If you weren’t feeling well, got emotional, or the interpreter didn’t understand you during the interview, these are all things you might bring up in your appeal.
Do you think they misconstrued or exaggerated your evidence?
As a result, the Home Office may interpret your statements regarding your account as being inconsistent (that you have been inconsistent). People will often accuse you of being inconsistent when you haven’t been.
There must be a reason for any inconsistencies. Do not be afraid to admit fault if you have made a mistake.
Sometimes, others will try to discredit your asylum claim by pointing out contradictions in your story, such as when you left or where you entered the country.
The Home Office may assume you are not telling the truth about everything if they suspect you lied about just one small detail, even if it is unrelated to the main points of your case.