Description of the legal term Asylum:
Asylum in UK law refers to the protection that the UK provides to people who flee their own country for fear of persecution. This protection is provided under international law, in particular the 1951 United Nations Convention Relating to the Status of Refugees, commonly known as the Geneva Convention, to which the UK is a signatory. Asylum seekers are people who have applied for asylum and are awaiting a decision on their application.
Key criteria for granting asylum include a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. The process involves the applicant providing evidence and testimony to support their claim. The UK Home Office assesses each application to determine whether the applicant qualifies as a refugee under the Geneva Convention.
Legal context in which the term Asylum may be used:
Example 1: Political persecution
Consider an individual, Amina, from a country with an authoritarian regime. Amina is an active member of an opposition political group. Because of her political activities, she faces threats, harassment and possible imprisonment. Fearing for her safety, Amina flees to the UK and applies for asylum, claiming that she has been persecuted on account of her political opinion. The UK authorities consider her application, assess the situation in her home country and determine whether her fear of persecution is well-founded. If her claim is upheld, Amina may be granted asylum and allowed to remain in the UK as a refugee.
Example 2: Persecution on the basis of sexual orientation
John, from a country where homosexuality is criminalised, faces severe social and governmental persecution because of his sexual orientation. Faced with threats of violence and legal action, John flees to the UK and claims asylum on the basis that he fears persecution because of his membership of a particular social group (i.e. the LGBTQ+ community). The UK Home Office assesses his claim, including the conditions in his home country and the credibility of his fear. If it is found to be genuine and well-founded, John could be granted asylum and protection in the UK.
