Immigration and Asylum Law Master Essay Example | Topics and Well Written Essays - 1000 words

Immigration and Asylum Law Master - Essay Example As with all statutes, the process of refinement and adjustment is continuous the most recent of which is the Immigration and Asylum (Treatment of Claimants) Act 2004. Claiming as a victim of persecution as a result of fighting for the rights of a tribe belonging to northern Uganda, Frank (rather an odd name for an Ugandan) is now battling for asylum in the United Kingdom. His case, however, is complicated with the fact that he has HIV, entered the United Kingdom thru Belgium and that he has relatives (a sister and a brother) already residing in the UK. According to the 1951 United Nations Convention on Refugees to which the UK is a signatory, an asylum-seeker is someone of any age who has fled his or her home country to find a safe place elsewhere. Anyone with the claim of persecution is entitled to seek an asylum but the contention is that the applicant must be able to demonstrate a well-founded fear of persecution in their country of origin for reasons of political opinion, religion, ethnicity, race/ nationality, or membership of a particular social group and that he is unable to obtain any protection or assistance from their own national autho rities. Since April 2003, a person who does not qualify for refugee status may instead be appeal under Humanitarian Protection grounds. This criterion is a leave to remain granted to a person who would, if removed, face in the country of return a serious risk to life or person arising from a death penalty, unlawful killing, or torture or inhuman or degrading treatment or punishment. This is to comply with Article 2 or the right to life and Article 3 or the 1950 European Convention on Human Rights, especially Article 2, the right to life and Article 3, the prohibition on torture and inhuman or degrading treatment and is codified in the 1998 Human Rights Act. The burden of evidence still lies in the asylum seeker unless there is obvious and publicized threat to the person. After the 30th of August 2005 amendment to the Immigration and Asylum act, the permission for people to stay due to Humanitarian Protection grounds have been extended for 5 years instead of the previous 3 years leave. However, during this period the leave is subject to review and if ever it was found that the asylum seeker purposely deceived the Home Office (the agency dedicated to these issues) and that the persecution did not exist, the leave is revoked. Leaves may also be subject to review because the genuine persecution no longer exists. If Frank does not succeed in pursuing asylum due to persecution, he may resort to family reunion reasons especially that he already has siblings in the United Kingdom. However, the statures existing in the UK provides no automatic right to family reunion until a person has refugee status. Only under compelling compassionate circumstances other than refugee status will applications be considered such as the imminent death of a lone parent working in the UK. Only the immediate family ( spouse and dependent children under the age of 18) can apply for entry clearance to join their spouse/parent in the UK once the refugee status has been granted. Certain documents will be needed such as Birth and Marriage certificates. If this unavailable or is deemed questionable, a DNA test could be conducted with the discretion of the