If you are a foreign national, under specific circumstances you can make a claim for international protection in the UK.
A dual nationality may have a great influence on the outcome of your claim and specialist advice should be sought.
As a foreign national, if you do not feel safe in your own country and have come to the UK, you may be eligible to apply for international protection.
Depending on particular circumstances of your case, your claim for protection may include a claim for asylum under the 1951 United Nations Refugee Convention or a claim for Humanitarian Protection under the European Convention on Human Rights (“ECHR”).
For a protection claim to be successful, you should be able to demonstrate a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or, alternatively, be at risk of suffering a serious harm or violation of your human rights upon returning to your country of nationality. It is also important to demonstrate that you are unable to avail yourself of protection in your country of nationality.
At this point, your dual citizenship starts playing a significant role in the framework of the proceedings related to your protection claim.
In accordance with the UK Immigration Rules, your claim for international protection in the UK may be rejected even in a situation where you have a well-founded fear of persecution or are at risk of serious harm in one country of nationality. This will happen if there is another country where you assert citizenship and can reasonably be expected to avail yourself of the protection.
Only if you have a well-founded fear of persecution or are at risk of serious harm in both countries of which you are a national, you may qualify for international protection in the UK.
It is, therefore, important to carefully deal with the issues of nationality at the same time as applying for protection in the UK and seek advice prior to submission of your claim.
How Gherson can assist
Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021