What is the Asylum Questionnaire?
Following Prime Minister Rishi Sunak’s pledge in December 2022 to deal with the backlog of thousands of asylum cases, the Home Secretary has subsequently introduced a “streamlined” asylum process. According to the Home Office’s Streamlined asylum processing guidance (published 16/08/2023),
“It is in everyone’s interest to reach a swift decision on protection claims, giving individuals the certainty they need regarding their future in the UK. We recognise that many individuals have been waiting a long time for an initial decision.
Streamlined Asylum Processing will give decision-makers increased flexibility over the process of making asylum decisions, in the interest of making the accurate and high-quality decisions as quickly as possible.”
What is the asylum process like?
Typically, after an individual has made a claim for asylum, they will receive certain Home Office identification papers and attend a brief screening interview. Afterwards, they will have a substantive interview arranged with a Home Office interviewer. However, the wait for a substantive interview can range from months to years. Should the Home Office have more questions, asylum seekers may be called for further interviews. There is a further waiting period, often again months to years, before they receive a decision on their claim.
The process is long and can be anxiety-inducing. For this reason, it is very helpful to have legal representation. Your legal representative can help you arrange housing and support, raise any issues with your accommodation or financial support, advise you on what evidence you can use to present your claim, and chase up the Home Office on the progress of your case.
What is streamlined asylum processing?
Differing from the above, where possible, the streamlined asylum processing will not involve an interview with the Home Office. Instead, asylum-seekers will be sent an asylum questionnaire, which they must fill out within 30 days. If necessary, an extension of time can be requested. The asylum questionnaire must be completed online and in English. Any evidence must also be uploaded online and/or posted to the Home Office.
If the Home Office reads the questionnaire and decides to make a positive decision, they can then do so. However, if after assessing the questionnaire and they either have further questions or are inclined towards a refusal decision, then the individual will be invited to an interview in order to support their claim. Because the asylum process has been shorted, it’s important that asylum seekers “make their case” when filling out the questionnaire and providing evidence.
Some human rights organisations have expressed concerns that the asylum questionnaire is unfair because it might be lost in the post, or someone may miss the 30-day deadline, or someone might not know how to navigate the online form. Furthermore, it may be difficult for people who are illiterate or whose first language is not English.
Am I eligible for streamlined asylum processing?
Initially, only asylum-seekers who met certain criteria were eligible for the streamlined process. For example, they had to be a citizen of Iraq or Iran and have applied for asylum before 28 June 2022.
However, the streamlined asylum processing system has since been broadened. According to the Home Office’s Streamlined asylum processing guidance, the following people are eligible:
- nationals of Afghanistan, Eritrea, Libya, Syria and Yemen who entered or arrived before 7 March 2023
- nationals of Sudan who made claims on or after 28 June 2022, and those who entered or arrived in the UK before 7 March 2023
Although the official Guidance does not mention Iranian or Iraqi nationals, people of these nationalities have also been asked to fill out questionnaires. Furthermore, the online questionnaire information page states, “Use this questionnaire if you are from Iran or Iraq, and you applied for asylum before 28 June 2022.”
How do I get an asylum questionnaire?
First, check that both your nationality and the timeframe of your claim are eligible. If you are eligible, the Home Office will mail you (or your legal representatives) an invitation to complete the asylum questionnaire. It is important that applicants make sure the Home Office is aware of their current address.
Streamlined asylum processing for children
Children who make asylum claims may be eligible for streamlined asylum processing, too. However, the eligible nationalities differ slightly from adult asylum-seekers. Currently, only children from the following countries are eligible:
- Afghanistan
- Eritrea
- Sudan
- Syria
- Vietnam
The children also need to have claimed asylum before 6 March 2023. For further information, please see the Home Office’s Streamlined asylum processing for children’s casework guidance published 25/07/2023.
Kindly note that claims from asylum seekers who are not eligible for streamlined processing will be processed in the normal manner.
How can we help you?
Our team of immigration advisors has experience with both regular claims and the streamlined asylum processing system. We are ready to help you navigate the asylum process and stand by your side every step of the way. Contact us today for more information at 020 8995 3556 or info@descartessolicitors.co.uk.
By Tiffany Carpenter
01/09/2023