Ruth Haines
Yes, you can seek asylum at the airport. In countries like the UK, you can apply for asylum at a designated place, which includes a port of entry, such as an airport. In Spain, you can apply for asylum at airports, ports, and land borders. Germany also has a similar airport procedure. However, it is important to note that there may be challenges and varying success rates associated with seeking asylum at airports, and the process may differ depending on the country.
Seeking Asylum at the Airport
| Characteristics | Values |
|---|---|
| Countries where asylum can be sought at the airport | Spain, Germany, United Kingdom |
| Requirements for seeking asylum | Must have left home country and be unable to return due to fear of persecution |
| Process of seeking asylum | Inform a Border Force officer, usually wearing a blue uniform with "Border Force" written on it, of intention to seek asylum |
| Interview process | Interview will be transcribed and recorded unless the claimant requests otherwise |
| Waiting times | Asylum seekers must remain at the airport until a decision is made on whether their asylum application will be considered |
| Legal assistance | Asylum seekers must be assisted by a lawyer, which can be a public defender, a specialised lawyer from an NGO, or a private lawyer |
| Rejection rates | Higher rejection rates have been observed in airport procedures compared to national-level procedures |
| Issues | Incoherent and lengthy procedures, difficult conditions at the airport (e.g. shortage of accommodation, unsatisfactory reception centres), risk of refoulement and violation of human rights |
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What You'll Learn
Asylum application procedure at airports
The procedure for applying for asylum at an airport varies depending on the country. Here is an overview of the process in different countries:
Germany
In Germany, the "airport procedure" is a legal process regulated in Section 18a of the German Asylum Act and applied in international airports. This procedure is conducted before a decision on entry into the country is made, and asylum applicants are not considered to have entered Germany until their application is approved. The Federal Police are responsible for processing the claim and accommodating the asylum seeker within the airport premises during the procedure.
Spain
In Spain, you can apply for asylum at airports, and you will be required to explain why you have not already applied for asylum in another country. During the application process, you will be interviewed by the police or Civil Guard, who will register your asylum application. You have the right to be assisted by a lawyer and an interpreter during the interview.
United Kingdom
In the UK, you must apply for asylum if you want to stay as a refugee. To be eligible, you must have left your country due to a fear of persecution. After a screening process, the Home Office will decide if your claim can be considered. If it is accepted, you will have an asylum interview with a caseworker, who will inform you of the decision.
United States
In the United States, asylum seekers can request asylum at a port of entry, including an airport. However, the process has been restricted by recent administrations. Asylum seekers can apply for affirmative asylum by submitting Form I-589 to USCIS. If the case is not approved, it will be referred to an immigration judge for a hearing. A "credible fear" interview may also be conducted by an asylum officer to determine if the applicant has a significant possibility of winning their case.
It is important to note that the specific procedures and requirements may vary between countries and over time, and it is always advisable to seek up-to-date information from official sources or legal professionals.
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Asylum interview questions
The asylum interview is one of the most crucial parts of the asylum application process. It is recommended that you speak to an immigration attorney beforehand so they can help you prepare. During the interview, you will be asked personal questions about your experiences, and you will be expected to share sensitive details. Here are some sample questions that may be asked:
Biographical Information
The asylum officer (AO) will ask general questions about your life and may ask questions more than once to identify any discrepancies. It is important to answer every question truthfully. Some questions may include:
Can you provide your biographical information as noted in your application?
Reasons for Seeking Asylum
You will be asked about your reasons for not wanting to return to your country of origin. Be prepared to discuss the persecution you suffered and why it is unsafe for you to return. Questions may include:
- What types of harm did you experience? (e.g., physical harm, threats, mental or emotional abuse, economic hardship, discrimination)
- Why are they persecuting you? Are there reasons related to race, religion, nationality, political opinion, or social group membership?
- What specific harm did you suffer, and when, where, and why did it happen?
- Have you reported your case to the authorities in your home country?
Additional Evidence
You may be asked if you have any additional evidence, statements, affidavits, or other relevant documents to support your claim. It is important to bring any available documentation to the interview.
General Questions
There will also be a series of general questions that all applicants are asked. These may vary depending on your specific case.
Remember, you have the right to bring an attorney or representative to the interview, and you can request their presence by submitting a Form G-28. If you do not speak the local language fluently, you must bring a competent interpreter to the interview. The interview typically lasts about an hour, but it may vary depending on the complexity of your case.
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Rights of asylum seekers
Asylum seekers are individuals who have been forced to flee their homes due to war, persecution, or human rights violations. They have the right to seek asylum and should be protected while they await the outcome of their application. The right to seek asylum is a human right enshrined in the 1951 Refugee Convention and is guaranteed by international law.
In some countries, such as Spain, individuals can apply for asylum at airports, ports, and land borders. During the application process, asylum seekers must be assisted by a lawyer and have the right to an interpreter if they do not speak the local language well. The asylum application and interview are confidential, and the applicant will be informed of the decision to consider or reject their application. If rejected, the applicant can request their application to be re-examined, and a lawyer can advise on the possibility of lodging an appeal.
In the United Kingdom, asylum seekers must apply to stay in the country as refugees and demonstrate that they are unable to return to their home country due to a fear of persecution. While their claim is being considered, asylum seekers are typically not allowed to work, and they must follow specific reporting guidelines.
The United States provides asylum seekers the right to remain in the country while their claim for protection is pending. However, the government has argued for the detention of these individuals rather than their release into the community. Some courts have rejected this interpretation, holding that asylum seekers have a right to a bond hearing, which could result in release from detention.
The asylum process can be complex and challenging, involving multiple government agencies and strict deadlines. It is important for asylum seekers to understand their rights and seek legal assistance to navigate the process effectively.
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Airport accommodation for asylum seekers
Asylum seekers can apply for asylum at airports in countries such as Spain, Germany, and the United Kingdom. However, the availability and conditions of accommodation for asylum seekers at airports vary across Europe. While some airports have improved their reception conditions, others face challenges such as a shortage of accommodation and inadequate facilities and equipment.
Spain
In Spain, asylum seekers can apply for asylum at airports, ports, and land borders. During the application process, asylum seekers must remain at the airport until the Spanish government decides whether to consider their asylum application. If their application is rejected, they can request a re-examination, and they must remain at the airport during this time.
Germany
Germany has a specific "airport procedure" for asylum applications at international airports. This procedure can only be carried out if the asylum seekers can be accommodated on airport premises, and it depends on the capacities of the Federal States. The BAMF office is responsible for processing asylum claims, and their decisions have been associated with higher rejection rates compared to national-level decisions.
United Kingdom
In the UK, asylum seekers can claim asylum at designated places, including ports of entry such as airports. They need to inform Border Force officers of their intention to seek asylum, and they will undergo a screening interview. However, there is no specific mention of accommodation provided at UK airports during the asylum application process.
Challenges and Recommendations
The increasing number of asylum seekers arriving at European airports has created challenges regarding airport reception facilities. There have been concerns about the basic living conditions, humanitarian standards, and the length of procedures that cause undue hardship for asylum seekers. To address these issues, the Council of Europe has adopted recommendations to improve the protection, treatment, and coordination of asylum policies for asylum seekers arriving at European airports.
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Seeking asylum in the UK
To seek asylum in the UK, you must notify the UK government that you need to claim asylum. This can be done at a designated place, which includes a port of entry such as an airport. At the airport, you must inform a Border Force officer of your intention to seek asylum. These officers usually wear blue uniforms with "Border Force" written on them and can be found at passport controls. You will then be asked some questions about your claim, in the form of a "screening interview". If the screening interview does not take place on the same day, it will usually happen within five days.
If you are already in the UK and have not claimed asylum at the airport, you must go to a Home Office building. The Home Office is a government department that deals with immigration and asylum. Caseworkers from the Home Office will look into your reasons for seeking asylum and wanting to stay in the UK. You will usually need to go to the Home Office in Croydon, South London, but if you are far from Croydon, you may be allowed to go to a local office.
During the screening interview, you will be asked about your reasons for seeking asylum. You must explain that you are seeking asylum because you fear for your life or have a well-founded fear of persecution in your home country. You must also explain that you have fled your country because you failed to receive protection from the authorities and are at risk of persecution due to characteristics such as race, religion, nationality, political opinion, or membership of a particular social group. It is recommended that you claim asylum with a lawyer (solicitor) if possible, and your social worker can help you find one. You can also request an interpreter if needed.
If your claim is accepted, you will generally be granted five years of refugee status and humanitarian protection under the Refugee Convention. This status allows you to live, work, and study in the UK, as well as access public funds. You will also have access to the UK's free National Health Service, and any children under 17 years old will be able to attend local state schools for free. There is also an integration loan available to help cover costs such as rent and basic living expenses.
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Frequently asked questions
Yes, you can seek asylum at the airport. In the UK, you must inform a Border Force officer that you intend to seek asylum. You will then be asked questions about your claim in a "screening interview".
If your claim is accepted, you will be authorised to enter the country and continue with the asylum process. If your claim is rejected, you can ask for your application to be re-examined.
If your application is rejected a second time, you can ask your lawyer about the possibility of lodging an appeal.
In the UK, the Home Office will decide whether your claim can be considered. In Germany, the Federal Police are responsible for processing claims. Acceptance rates vary depending on the airport and your country of origin.
