Feature

I am a barrister based in London, and for the last seven years I have been working as counsel and representative to asylum seekers who have had their applications for asylum refused by the U.K. Home Office.
 
Over the last seven years my clients have come mostly from eastern Europe, as well as from Colombia and Ecuador, Algeria, the Democratic Republic of the Congo and Zimbabwe, Iran and Iraq, China and Sri Lanka.

Every single case includes an account of appalling hardships in my clients' home countries and in arranging the often perilous and expensive journey to the U.K. When I see them as clients, they have already had their claims refused by the Home Office and are very worried that they will fail again. They are aware of the weight of popular opinion that sees most asylum seekers as scroungers trying to exploit the welfare system. Naturally, for me there is a great weight of responsibility to make sure their appeal is presented in the best possible way.

The majority of my clients are single men although I also see families, children and single women. Their cases have often been refused for two main reasons: either their story is not considered to be credible, or the Home Office says that the situation in their country of origin is such that they would not face, or no longer face persecution or human rights abuses if they were returned.


Checking Claims
Challenges to credibility usually occur because there is considered to be an inconsistency between the initial application and the answers given in the asylum interview. Also, if someone has traveled through safe countries to the U.K., but not claimed asylum en route, that may damage a claim. I need to meet my clients with an interpreter and hear their story. I try to get a full picture of the asylum seeker's background and explore any supporting evidence. Members of political parties, for instance, may have their party membership cards but not thought to take them to the Home Office interview.

My other main task before the hearing of an appeal is to prepare legal submissions on the particular country that the Home Office wishes to return my client to. This means a lot of research, to demonstrate that there is not a sufficiency of protection in that country. Because situations in countries can be so volatile, it is important to keep up to date, and because decisions in appeals are made on the basis of the situation on the day of the appeal, some cases are won or lost because of a fresh report of a cease-fire or an election result.

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