Asylum and Humanitarian Protection latest guidance for individuals claiming Asylum after 28th June 2022.
Relevance of the date the Asylum Claim was made:
For asylum claims lodged before 28 June 2022 or asylum claims that need to be
considered as if they had claimed asylum before 28 June 2022 under transitional
arrangements, please see version 6.0 of the humanitarian protection guidance.
28 June 2022 is the ‘commencement date’ for the relevant sections of the
Nationality and Borders Act 2022 (‘2022 Act’) and the associated changes to Part 11
of the Immigration Rules
Humanitarian protection was introduced in April 2003 to replace the policy on exceptional Leave to Remain. When the United Kingdom was a member of the European Union, the Immigration Rules and our humanitarian protection policy reflected the subsidiary protection provisions in Articles 15 to 19 of the QualificationDirective (2004/83/EC)
Considering Humanitarian Protection:
Humanitarian protection is defined under Paragraph 327EA of the Immigration rules, it is a request for international protection on the basis that the individual would be subjected to serious harm upon return to his own country. Furthermore, Paragraph 327EB of the Immigration Rules confirms the validity requirements of an Asylum application as stated in paragraph 327AB, must be met in order to make a valid claim for humanitarian protection.
Paragraph 339C of Immigration Rules about Humanitarian Protection
humanitarian protection must be granted to eligible claimants only. Contact our Immigration Solicitors.