The process by which people fleeing persecution claim protection in the UK, from initial application through decision and appeal.
Table of Contents
Asylum claim / application
A formal request made to the Home Office by a person seeking protection in the UK on the grounds that they face persecution or serious harm in their country of origin. Claims must be made as soon as reasonably practicable after arrival. The Home Office is responsible for assessing each claim against the criteria in the 1951 Refugee Convention and related law.
Substantive interview
A detailed interview conducted by a Home Office caseworker as part of the asylum decision-making process. The applicant is asked to explain their claim, the reasons they fear return, and the evidence supporting their case. Failure to attend without good reason can result in the claim being treated as withdrawn.
Initial decision
The Home Office’s first decision on an asylum claim — either to grant or refuse protection. A significant proportion of initial refusals are subsequently overturned on appeal, reflecting ongoing concerns about the quality of Home Office decision-making. The initial decision triggers any right of appeal or review available to the applicant.
Inadmissability
A process by which the Home Office may decline to consider an asylum claim on its merits because the applicant could be returned to a safe third country instead. If a person is declared inadmissible, their claim is not assessed in the UK. They may be removed to a country deemed safe, though practical and legal challenges frequently arise.
Clearly unfounded claim
A designation applied by the Home Office to asylum claims it considers have no reasonable prospect of success. If a claim is certified as clearly unfounded, the applicant loses the right to appeal in-country and can only appeal from outside the UK. This is known as the non-suspensive appeals process.
Non-suspensive appeal
An appeal process in which the applicant has no right to remain in the UK while their appeal is pending. This applies where the Home Office has certified the claim as clearly unfounded, or where the applicant is a national of a designated safe country. The applicant must leave the UK and appeal from abroad.
Administrative review
A formal process allowing an applicant to challenge a Home Office decision they believe was made in error, without going to tribunal. It can only consider case working errors — not new evidence. It is available for certain visa refusals and some immigration decisions, and is typically the first step before any appeal.
Age-disputed application
An asylum application where the Home Office disputes the applicant’s claim to be a minor. If an applicant appears to be over 18, the Home Office may treat them as an adult pending further evidence. Age assessment matters significantly because unaccompanied children are entitled to enhanced local authority support and protections.
Section 95 support
Financial and/or accommodation support provided under Section 95 of the Immigration and Asylum Act 1999 to destitute asylum seekers while their claim is pending. It is distinct from mainstream benefits, which asylum seekers cannot access. Support ends when the claim is finally determined, triggering a short “move on” period.
Section 98 support
Temporary emergency support provided under Section 98 of the Immigration and Asylum Act 1999 while a Section 95 application is being assessed. It is short-term accommodation intended to prevent destitution pending a decision on longer-term asylum support. It is not available to everyone and carries stricter qualifying conditions.
Section 4 support
Support under Section 4(2) of the Immigration and Asylum Act 1999 available to people whose asylum claims have been refused and whose appeal rights are exhausted, but who are temporarily unable to leave the UK. It is more restrictive than Section 95 support and is typically provided on a no-cash basis via a payment card.
Asylum backlog
The number of asylum claims awaiting an initial decision by the Home Office. The backlog grew substantially in the early 2020s, exceeding 100,000 at its peak, causing long delays, increased cost of support, and prolonged uncertainty for applicants. Reducing the backlog has been a stated policy priority of successive governments.
Further submissions
New evidence or arguments submitted by a failed asylum seeker after their original claim and all appeals have been exhausted. If the further submissions raise a fresh claim — one that is significantly different and has a realistic prospect of success — the Home Office must consider it. They are a significant route back into the asylum process.
Safe return review
A Home Office assessment, conducted at the point of settlement application on the protection route, examining whether a refugee’s circumstances or country conditions have changed such that their status should be revoked. Codified in the Immigration Rules from April 2026, this process was previously conducted as a matter of practice without formal regulatory basis.
Safe third country
A country other than the applicant’s nationality to which they could be returned because it is considered safe and will not refoule them to persecution. Most safe third country cases involve the Dublin arrangements or bilateral agreements. Returning an applicant to a safe third country means their asylum claim need not be assessed by the UK on its merits.
Dublin Regulation (historical)
The EU legal framework, which the UK participated in until 31 December 2020, governing which EU member state was responsible for processing an asylum claim. Under Dublin, claimants could generally be returned to the first EU country they entered. Brexit removed the UK from this system, significantly affecting returns of asylum seekers to Europe.