Gherson have a particular expertise in successfully obtaining a grant of asylum in the UK (and abroad) in some of the most difficult and atypical cases.
Asylum is protection given by a country to someone who is fleeing persecution in their home country. The 1951 United Nations Convention (including the 1967 Protocol Relating to the Status of Refugees) recognises the right of persons to seek asylum from persecution in other countries. It is the centrepiece of international refugee protection today.
A refugee, according to the Convention, is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Persecution might take many forms. An individual might face death or torture at the hands of the state or they might face prosecution in a politically motivated criminal trial.
A grant of asylum can provide an individual with rights of residence in a country but, more importantly, it protects that individual from forced removal to the persecuting state – including by means of deportation or extradition. For individuals who face abusive and politically motivated criminal allegations, asylum is often the safest and strongest defence against extradition.
As well as our expertise in obtaining protection for individuals in the UK, Gherson have experience of international protection claims in many other jurisdictions. We have assisted with asylum cases in countries such as Cyprus, Czech Republic, Spain, Italy, France, Germany, Austria and Monaco.
A state that is determined to secure the extradition of an individual will often not stop simply because that individual defeats extradition proceedings. It will often send multiple extradition requests or target that individual with arrest and extradition proceedings if they travel abroad. Individuals can find themselves trapped in their country of refuge and unable to travel. Securing asylum can result in the issuance of a United Nations Travel Document that may enable an individual to travel internationally. Gherson have extensive experience in advising individuals who remain the target of politically motivated extradition requests with respect to future travel. We have secured ‘safe passage’ to a variety of countries around the world for individuals who have been recognised as refugees.
Alongside a claim under the Refugee Convention, an individual may also be able to claim Humanitarian Protection under the European Convention on Human Rights (ECHR).
There is significant overlap between the two procedures but also some key differences. Whilst many claims for asylum and humanitarian protection will succeed or fail together, there are cases where an individual can still successfully claim Humanitarian Protection even where a claim for asylum might fail.
Gherson has a wealth of experience in Human Rights-based claims and work alongside internationally renowned counsel to ensure that our clients’ claims are always prepared to the highest possible standard and every avenue for protection is explored.
For immediate assistance please contact us.