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Introduction
: Today, we'll take a detailed look at the asylum process in the UK, from the application process to all stages of the appeal process and the potential filing of a Fresh Claim based on new circumstances. We'll pay special attention to the key role of the country assessment report, which can be a decisive factor in the case. We'll also discuss statistics on asylum applications from citizens of Russian-speaking CIS countries.
1. Applying for asylumUpon arrival in the UK, the applicant submits an asylum application to the Home Office, where a screening interview is conducted to document basic information and the grounds for the application. A main interview is then scheduled, during which the applicant details the reasons for their inability to return to their country of origin.
Waiting for a decision from the Home Office
Based on the interview and evidence collected, the Home Office makes a decision. The wait can be several months, sometimes longer, depending on the complexity of the case and the department's workload.
3. Appeal against refusalIf an asylum application is rejected, the applicant has the right to appeal to the First-tier Tribunal. The appeal process involves several important steps.
Filing an Appeal and the Skeleton Argument:An appeal must be submitted to the tribunal within 14 days of receiving the refusal. The key appeal document is the Skeleton Argument—a structured appeal plan outlining the main arguments and reasons why the Home Office's decision is considered erroneous.
Expert report on the country
A country assessment report is a document prepared by an independent expert describing the conditions in the applicant's country. This report must confirm that the applicant is genuinely at risk and will not be able to safely return to the country.
The report includes:
1) a description of the political situation, including the level of repression and discrimination;
2) statistics on human rights violations related to religious, political, ethnic, and other risks;
3) other data relevant to the applicant's safety.
- Over the past two years, I, Maxim Kharitonov, have prepared over 100 expert reports for asylum applicants at the appeal stage and beyond, from various CIS countries—Russia, Georgia, Tajikistan, Belarus, and others. I receive grateful feedback from law firms based on my reports. I have personally experienced the asylum process and understand how important it is to present the court with a complete picture of the situation.
- In my work, I analyze all previously submitted documents: the statement, the refusal letter, the evidence, the screening interview, and the main interview. I conduct my own research and utilize contacts in the applicant's countries of origin to thoroughly substantiate a variety of issues, from general to specific.
- My analysis is structured as follows:
- First, I examine the general situation in the country in the context of human rights violations: political or religious persecution, problems of domestic violence, corruption, etc.
- I then analyse the appellant's circumstances, the Home Office decision and the supporting documents to substantiate the risk associated with the applicant's return to his home country and to present arguments about the forms of persecution that he may face.
- The report typically consists of 10-15 points, each of which is detailed over 3-4 pages, and each fact is supported by a citation using the OSCOLA (Oxford Cite Asset) method. This is important, as the court will double-check every fact presented, and I am obligated to cite a reliable and authoritative source.
Preparing a report requires extensive research into resources such as Amnesty International, Human Rights Watch, UN reports, and materials from the UK, US, and EU Home Offices to ensure the report reflects the highest degree of accuracy and supports the facts and conclusions presented.
My report is strictly regulated: This report complies with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence, issued on 10 February 2010, and is consistent with Civil Procedure Rule 35. Having accepted responsibility for reviewing and reporting on the documents relating to the appellant, I confirm the accuracy of the facts presented and the correctness of the opinions expressed. My professional remuneration is independent of the outcome of the case, ensuring that I fulfil my duty to the court.
At the end of each report, I sign a declaration:
- Statement of Truthfulness
- The form of the statement of truthfulness is as follows: "I certify that, so far as the facts presented in my report are within my knowledge, I have clearly stated that they are such and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion."
- That's why I'm responsible to the court and act as a witness. In some cases, an expert may be called to testify in court regarding circumstances in the appellant's country of origin.
- Those wishing to include an expert report in their appeal case should send a request to info@thehuman-rights.com . We can also provide instructions for your lawyer, explaining what aspects can be clarified, especially if the lawyer is inexperienced in preparing expert briefs. This can save your lawyer time. The expert's services can be paid for through Legal Aid (a government legal aid program), so it will be free for you if your case is already supported by Legal Aid. Otherwise, the report can be commissioned privately.
4. Tribunal proceedingsThe hearing involves the applicant, their lawyer, the judge, and a representative of the Home Office. Here, the applicant and their lawyer present all the evidence, including an expert report, which helps the court understand the full situation in the applicant's country of origin and justify the risks associated with return.
5. Decision and possible appeal to the Upper TribunalIf the tribunal rejects the appeal, the applicant can appeal to the Upper Tribunal, a higher court that hears appeals in cases where there has been an error in law enforcement. An appeal to the Upper Tribunal requires the submission of a corresponding motion and justification for why legal errors occurred during the appeal process at first instance.
6. Filing a Fresh ClaimIf, after consideration by the Upper Tribunal, the applicant is still refused, it is possible to submit a Fresh Claim - a new application based on fresh circumstances. A Fresh Claim allows the applicant to reapply for asylum if new facts or evidence have emerged that were not available at the time of previous applications. These new circumstances must significantly change the merits of the case and confirm that the applicant faces a serious risk if returned to his home country.
Statistics on asylum applications from CIS citizens
According to data from recent years, the number of asylum applications from citizens of Russian-speaking CIS countries, such as Russia, Belarus, and Tajikistan, has increased significantly. For example, in 2023, the number of applications from Russia increased several-fold amid political instability and human rights violations. According to Home Office statistics, Russians accounted for approximately 10% of all applicants in 2023, while among all CIS countries, Tajikistan and Belarus also accounted for the largest number of applications.
Conclusion:
The asylum application and appeal process in the UK requires a clear understanding of the stages and mandatory risk assessment through an expert report. Such a report can be a key document, demonstrating to the court all aspects of the threat and confirming the validity of the applicant's defense.
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