Immigration Rules part 11: asylum
Source: gov.uk (2025-11-11)

Asylum (paragraphs 326A to 352H).

Transitional provisions and interaction between Part 11 and Appendix Family Reunion (Sponsors with Protection)

A326. From 12 April 2023 an application for family reunion must meet the requirements under Appendix Family Reunion (Sponsors with Protection) and the application will not be considered under this Part of the Immigration Rules.

326A. Procedure

The procedures set out in these Rules shall apply to protection claims.
- 326B. Where the Secretary of State is considering an application for asylum and/or a claim for humanitarian protection under this Part, she will consider any Article 8 elements of that claim in line with the provisions of Appendix FM (family life) and, for applications made before 20 June 2022, in line with paragraphs 276ADE(1) to 276DH (private life) or, for applications made on or after 20 June 2022, Appendix Private Life (private life) of these Rules which are relevant to those elements unless the person is someone to whom Part 13 of these Rules applies.
Definition of EU asylum applicant

326C. DELETED

326D. DELETED

Inadmissibility of EU asylum applications

326E. DELETED

326F. DELETED

Definition of asylum applicant
- i) An “application for asylum” (or an “asylum application”) is a claim by a person to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for them to be removed from or required to leave the United Kingdom, and which is recorded as valid or a claim deemed to be an application for asylum in accordance with paragraph 327EC.
- ii) An “asylum applicant” is someone who makes a claim under paragraph 327(i) or who is deemed to have made such a claim in accordance with paragraph 327EC.
- 327A. DELETED
- i) it is made at a designated place as defined in section 14 of the Nationality and Borders Act 2022 unless subsequently or otherwise accepted by the Secretary of State; and
- ii) it is made in person; and
- iii) it is made by a person who is not a British Citizen; and
- iv) it is particularised (if the applicant is 18 or over); and
- v) it does not fall for consideration under paragraph 353 of the Immigration Rules, unless and until it has been accepted as a fresh claim under paragraph 353 of the Immigration Rules.
- 327AC. If a claim does not meet these requirements, it will not be recorded as a valid asylum application.
- 327B. DELETED
- 327C. DELETED
- 327D. DELETED
Definition of a claim for humanitarian protection

327EA. Under this Part, a claim for humanitarian protection is a request by a person for international protection due to a claim that if they are removed from or required to leave the UK, they would face a real risk of suffering serious harm (as defined in paragraph 339CA) in their country of origin, and they are unable, or owing to such risk, unwilling to avail themselves of the protection of that country.

327EB. A claim for humanitarian protection must meet the requirements of paragraphs 327AB(i) to (iv) otherwise it will not be recorded as a valid claim for humanitarian protection.

327EC. If someone makes a claim for humanitarian protection, they will be deemed to be an asylum applicant and to have made an application for asylum for the purposes of these Rules. The claim will be recorded, subject to meeting the requirements of Rule 327AB(i) to (iv), as an application for asylum and will be assessed under paragraph 334 for refugee status in the first instance. If the application for refugee status is refused, then the Secretary of State will go on to consider the claim as a claim for humanitarian protection.

Inadmissibility of a claim for Humanitarian Protection

327F. If an application for asylum is declared inadmissible under section 80A or 80B of the Nationality Immigration and Asylum Act 2002 then any associated claim for humanitarian protection (meaning a claim made on the same facts) will also be inadmissible. Such an outcome is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim) arises.

Applications for asylum
- 328. All asylum applications will be determined by the Secretary of State in accordance with the Refugee Convention and the Immigration Rules. Every asylum application made by a person at a port or airport in the United Kingdom will be referred by the Immigration Officer for determination by the Secretary of State in accordance with these Rules.
- 328A. DELETED
- 329. For so long as an asylum applicant cannot be removed from or required to leave the UK because section 77 of the Nationality, Immigration and Asylum Act 2002 applies, any dependants who meet the definition under paragraph 349 must also not be removed from or required to leave the UK.
- 330. If the Secretary of State decides to grant refugee status or humanitarian protection and the person has not yet been given leave to enter, the Immigration Officer will grant limited leave to enter.
- 331. If a person seeking leave to enter is refused asylum or their application for asylum is withdrawn or treated as withdrawn under paragraph 333C of these Rules, the Immigration Officer will consider whether or not they are in a position to decide to give or refuse leave to enter without interviewing the person further. If the Immigration Officer decides that a further interview is not required they may serve the notice giving or refusing leave to enter by post. If the Immigration Officer decides that a further interview is required, they will then resume their examination to determine whether or not to grant the person leave to enter under any other provision of these Rules. If the person fails at any time to comply with a requirement to report to an Immigration Officer for examination, the Immigration Officer may direct that the person’s examination shall be treated as concluded at that time. The Immigration Officer will then consider any outstanding applications for entry on the basis of any evidence before them.
- 332. If a person who has been refused leave to enter makes an application for asylum and that application is refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules, leave to enter will again be refused unless the applicant qualifies for admission under any other provision of these Rules.
- 333. Written notice of decisions on applications for asylum shall be given to the asylum applicant. Where the applicant is legally represented, notice may instead be given to the representative. Where the applicant has no legal representative and free legal assistance is not available, they shall be informed of the decision on the application for asylum and, if the application is refused, how to challenge the decision, in a language that they may reasonably be supposed to understand.
- 333A. The Secretary of State shall ensure that a decision is taken on each application for asylum as soon as possible, without prejudice to an adequate and complete examination.
- a) six months of the date it was recorded; or
- b) within any revised timeframe notified to an applicant during or after the initial six-month period in accordance with this paragraph, and
- c) where the applicant has made a specific written request for an update,
- the Secretary of State shall inform the applicant of the delay and provide information on the timeframe within which the decision on their application is to be expected. The provision of such information shall not oblige the Secretary of State to take a decision within the expected timeframe.
333B. Applicants for asylum shall be allowed an effective opportunity to consult, at their own expense or at public expense in accordance with provision made for this by the Legal Aid Agency or otherwise, a person who is authorised under Part V of the Immigration and Asylum Act 1999 to give immigration advice. This paragraph shall also apply where the Secretary of State is considering revoking a person’s refugee status in accordance with these Rules.

Withdrawal of applications
- (a) An application will be treated as explicitly withdrawn if the applicant signs the relevant form provided by or on behalf of the Secretary of State, or otherwise explicitly declares a desire to withdraw their asylum claim.
- (i) fails to maintain contact with the Home Office or provide up to date contact details as required by paragraph 358B of these Rules; or
- (ii) leaves the United Kingdom (without authorisation) at any time before the conclusion of their application for asylum; or
- (iii) fails to complete an asylum questionnaire as requested by or on behalf of the Secretary of State; or
- (iv) fails to attend any reporting events, unless the applicant demonstrates within a reasonable time that the failure was due to circumstances beyond their control; or
- (v) fails to attend a personal interview required under paragraph 339NA, unless the applicant demonstrates within a reasonable time that that failure was due to circumstances beyond their control.
- (c) The applicant’s asylum record will be updated to reflect that the application for asylum has been withdrawn.
Grant of refugee status
- (i) they are in the United Kingdom or have arrived at a port of entry in the United Kingdom; and
- (ii) they are a refugee, as defined in Article 1 of the 1951 Refugee Convention; and
- (iii) there are no reasonable grounds for regarding them as a danger to the security of the United Kingdom in accordance with Article 33(2) of the Refugee Convention; and
- (iv) having been convicted by a final judgment of a particularly serious crime, they do not constitute a danger to the community of the United Kingdom in accordance with Article 33(2) of the Refugee Convention as defined in Section 72 of the Nationality Immigration and Asylum Act 2002; and
- (v) refusing their application would result in them being required to go (whether immediately or after the time limited by any existing leave to enter or remain in the UK) in breach of the Refugee Convention, to a country in which they would be persecuted on account of their race, religion, nationality, political opinion or membership of a particular social group.
- 335. If the Secretary of State decides to grant refugee status to a person who has previously been given leave to enter (whether or not the leave has expired) or to a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain. Where a person has an existing grant of indefinite leave to remain, their leave to remain will not be varied.
Refusal of asylum
- 336. An application which does not meet the criteria set out in paragraph 334 will be refused. Where an application for asylum is refused, the reasons in fact and law shall be stated in the decision and information provided in writing on how to challenge the decision.
- 337. DELETED
- 338. DELETED
- 339. DELETED
Revocation of refugee status
- 338A. A person’s grant of refugee status under paragraph 334 must be revoked if any of paragraphs 339A, 339AA, 339AB or 339AC apply.
Refugee Convention ceases to apply (cessation)
- (i) they have voluntarily re-availed themselves of the protection of the country of nationality;
- (ii) having lost their nationality, they have voluntarily re-acquired it;
- (iii) they have acquired a new nationality, and enjoy the protection of the country of their new nationality;
- (iv) they have voluntarily re-established themselves in the country which they left or outside which they remained owing to a fear of persecution;
- (v) they can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of the country of nationality; or
- (vi) being a stateless person with no nationality, they are able, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, to return to the country of former habitual residence
In considering (v) and (vi), the Secretary of State shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee’s fear of persecution can no longer be regarded as well-founded.

Exclusion from the Refugee Convention
- 339AA. This paragraph applies where the Secretary of State is satisfied that the person should have been, or is, excluded from being a refugee in accordance with Article 1D and 1E of the 1951 Refugee Convention and Article 1F of the Refugee Convention, as defined in section 36 of the Nationality and Borders Act 2022.
Misrepresentation
- 339AB. This paragraph applies where the Secretary of State is satisfied that the person’s misrepresentation or omission of facts, including the use of false documents, were decisive for the grant of refugee status and the person does not otherwise qualify for refugee status under paragraph 334.
Danger to the United Kingdom
- (i) there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom; or
- (ii) having been convicted by a final judgment of a particularly serious crime, the person constitutes a danger to the community of the United Kingdom (see section 72 of the Nationality Immigration and Asylum Act 2002).
- 339B. When a person’s refugee status is revoked or not renewed any limited or indefinite leave which they have may be curtailed or cancelled.
- 339BA. Where the Secretary of State is considering revoking refugee status or humanitarian protection in accordance with these Rules, the following procedure will apply. The person concerned shall be informed in writing that the Secretary of State is reconsidering their qualification for refugee status or humanitarian protection and the reasons for the reconsideration. That person shall be given the opportunity to submit, in a personal interview or in a written statement, reasons as to why their refugee status or humanitarian protection should not be revoked. If there is a personal interview, it shall be subject to the safeguards set out in these Rules.
- (i) acquires British citizenship; or
- (ii) has unequivocally renounced their refugee status or humanitarian protection.
- 339BC. If the person leaves the United Kingdom, the procedure set out in paragraph 339BA may be initiated, and completed, while the person is outside the United Kingdom.
Grant of humanitarian protection
- (i) they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
- (ii) they are not a refugee within the meaning of Article 1 of the 1951 Refugee Convention;
- (iii) substantial grounds have been shown for believing that the asylum applicant concerned, if returned to the country of origin, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
- (iv) they are not excluded from a grant of humanitarian protection.
- (i) the death penalty or execution;
- (ii) unlawful killing;
- (iii) torture or inhuman or degrading treatment or punishment of a person in the country of origin; or
- (iv) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
Exclusion from humanitarian protection
- (i) has committed, instigated or otherwise participated in the commission of a crime against peace, a war crime, a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
- (ii) has committed, instigated or otherwise participated in the commission of a serious non-political crime outside the UK prior to their admission to the UK as a person granted humanitarian protection; or
- (iii) has been guilty of acts contrary to the purposes and principles of the United Nations; or
- (iv) having been convicted by a final judgement of a particularly serious crime (as defined in Section 72 of the Nationality, Immigration and Asylum Act 2002), constitutes a danger to the community of the UK; or
- (v) is a danger to the security of the UK.
- (i) the reference to a serious non-political crime includes a particularly cruel action, even if it is committed with an allegedly political objective; and
- (ii) the reference to a crime being committed by a person outside the UK prior to their admission to the UK as a person granted humanitarian protection includes a crime committed by that person at any time up to and including the day on which they are issued with a relevant biometric immigration document by the Secretary of State.
- (i) records biometric information (as defined in section 15(1A) of the UK Borders Act 2007); and
- (ii) is evidence of leave to remain in the United Kingdom granted to a person as a result of being granted humanitarian protection.
- 339E. If the Secretary of State decides to grant humanitarian protection to a person who has previously been given leave to enter (whether or not the leave has expired), or to a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain. Where a person has an existing grant of indefinite leave to remain, their leave to remain will not be varied.
Refusal of humanitarian protection
- 339F. Where the criteria set out in paragraph 339C is not met humanitarian protection will be refused.
Revocation of humanitarian protection
- 339G. A person’s humanitarian protection granted under paragraph 339C must be revoked if any of paragraphs 339GA, 339GB or 339GD apply.
Humanitarian protection ceases to apply
- 339GA. This paragraph applies where the Secretary of State is satisfied that the circumstances which led to the grant of humanitarian protection have ceased to exist or have changed to such a degree that such protection is no longer required.
In applying this paragraph the Secretary of State shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the person no longer faces a real risk of serious harm.

Revocation of humanitarian protection on the grounds of exclusion
- 339GB. This paragraph applies where the Secretary of State is satisfied that the person granted humanitarian protection should have been or is excluded from humanitarian protection under paragraph 339D of these rules.
- 339GC. DELETED
Revocation of humanitarian protection on the basis of misrepresentation
- 339GD. This paragraph shall apply where the Secretary of State is satisfied that the person granted humanitarian protection misrepresented or omitted facts, including the use of false documents, which were decisive to the grant of humanitarian protection and the person does not otherwise qualify for humanitarian protection under paragraph 339C.
- 339H. When a person’s humanitarian protection is revoked any limited or indefinite leave which they have may be curtailed or cancelled.
Consideration of applications
- 339HA. The Secretary of State shall ensure that the personnel examining applications for asylum and taking decisions on the Secretary of State’s behalf have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law.
- 339I. When the Secretary of State considers an applicant’s protection claim, or human rights claim it is the duty of the person to submit to the Secretary of State as soon as possible all material factors needed to substantiate the protection claim or substantiate the human rights claim, which the Secretary of State shall assess in cooperation with the person.
- (i) the person’s statement on the reasons for making protection claim or for making a human rights claim; and
- (ii) all documentation at the person’s disposal regarding the person’s age, background (including background details of relevant relatives), identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes; and
- (iii) identity and travel documents.
- (i) information provided in support of an application and the fact that an application has been made shall not be disclosed to the alleged actor(s) of persecution of the applicant, and
- (ii) information shall not be obtained from the alleged actor(s) of persecution that would result in their being directly informed that an application for asylum has been made by the applicant in question and would jeopardise the physical integrity of the applicant and their dependants, or the liberty and security of their family members still living in the country of origin.
This paragraph shall also apply where the Secretary of State is considering revoking a person’s refugee status or humanitarian protection in accordance with these Rules.
- (i) all relevant facts as they relate to the country of origin at the time of taking a decision on the grant; including laws and regulations of the country of origin or country of return and the manner in which they are applied;
- (ii) relevant statements and documentation presented by the person including information on whether the person has been or may be subject to persecution or serious harm;
- (iii) the individual position and personal circumstances of the person, including factors such as background, gender and age, so as to assess whether, on the basis of the person’s personal circumstances, the acts to which the person has been or could be exposed would amount to persecution or serious harm;
- (iv) whether the person’s activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for making a protection claim or a human rights claim, so as to assess whether these activities will expose the person to persecution or serious harm if returned to that country; and
- (v) whether the person could reasonably be expected to avail themselves of the protection of another country where they could assert citizenship.
- 339JA. Reliable and up-to-date information shall be obtained from various sources as to the general situation prevailing in the countries of origin of applicants for asylum and, where necessary, in countries through which they have transited. Such information shall be made available to the personnel responsible for examining applications and taking decisions and may be provided to them in the form of a consolidated country information report.
This paragraph shall also apply where the Secretary of State is considering revoking a person’s refugee status or humanitarian protection in accordance with these Rules.
- 339K. The fact that a person has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, will be regarded as a serious indication of the person’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.
- (i) the person has made a genuine effort to substantiate their protection claim or substantiate their human rights claim;
- (ii) all material factors at the person’s disposal have been submitted, and a satisfactory explanation regarding any lack of other relevant material has been given;
- (iii) the person’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the person’s case;
- (iv) the person has made a protection claim or made a human rights claim at the earliest possible time, unless the person can demonstrate good reason for not having done so; and
- (v) the general credibility of the person has been established.
- 339M. The Secretary of State may consider that a person has not substantiated their protection claim or substantiated their human rights claim, and thereby refuse their application for asylum, determine that they are not eligible for humanitarian protection or refuse their human rights claim, if they fail, without reasonable explanation, to make a prompt and full disclosure of material facts, either orally or in writing, or otherwise to assist the Secretary of State in establishing the facts of the case; this includes, for example, failure to report to a designated place to be fingerprinted, failure to complete an asylum questionnaire or failure to comply with a requirement to report to an immigration officer for examination.
- 339MA. Applications for asylum shall be neither rejected nor excluded from examination on the sole ground that they have not been made as soon as possible.
- 339N. In determining whether the general credibility of the person has been established the Secretary of State will apply the provisions in s.8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
Personal interview
- 339NA. Before a decision is taken on the application for asylum, the applicant shall be given the opportunity of a personal interview on their application for asylum with a representative of the Secretary of State who is legally competent to conduct such an interview.
- (i) the Secretary of State is able to take a positive decision (a grant of refugee status or humanitarian protection) on the basis of evidence available;
- (ii) the Secretary of State has already had a meeting with the applicant for the purpose of assisting them with completing their application and submitting the essential information regarding the application;
- (iii) the applicant, in submitting their application and presenting the facts, has only raised issues that are not relevant or of minimal relevance to the examination of whether they are a refugee, as defined in Article 1 of the Refugee Convention and/or has only raised issues that are not relevant or of minimal relevance to the examination of whether they are eligible for humanitarian protection;
- (iv) the applicant has made inconsistent, contradictory, improbable or insufficient representations which make their claim clearly unconvincing in relation to having been the object of persecution or serious harm;
- (v) the applicant has submitted a subsequent application which does not raise any relevant new elements with respect to their particular circumstances or to the situation in their country of origin;
- (vi) the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in their removal;
- (vii) it is not reasonably practicable, in particular where the Secretary of State is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond their control; or
- (viii) the applicant is an EU national whose claim the Secretary of State has nevertheless decided to consider substantively in accordance with section 80A(4) of the Nationality, Immigration and Asylum Act 2002.
The omission of a personal interview shall not prevent the Secretary of State from taking a decision on the application.

Where the personal interview is omitted, the applicant and dependants shall be given a reasonable opportunity to submit further information.
- 339NB. (i) The personal interview mentioned in paragraph 339NA above shall normally take place without the presence of the applicant’s family members unless the Secretary of State considers it necessary for an appropriate examination to have other family members present.
- (ii) The personal interview shall take place under conditions which ensure appropriate confidentiality.
- 339NC (i) A written report shall be made of every personal interview containing at least the essential information regarding the asylum application as presented by the applicant in accordance with paragraph 339I of these Rules.
- (ii) The Secretary of State shall ensure that the applicant has timely access to the report of the personal interview and that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.
- 339ND The Secretary of State shall provide at public expense an interpreter for the purpose of allowing the applicant to submit their case, wherever necessary. The Secretary of State shall select an interpreter who can ensure appropriate communication between the applicant and the representative of the Secretary of State who conducts the interview.
- 339NE The Secretary of State may require an audio recording to be made of the personal interview referred to in paragraph 339NA. Where an audio recording is considered necessary for the processing of an application for asylum, the Secretary of State shall inform the applicant in advance that the interview will be recorded.
Internal relocation
- (a) grant refugee status if section 35 of the Nationality and Borders Act 2022 applies; or
- (b) grant humanitarian protection if in part of the country of origin a person would not face a real risk of serious harm, and the person can reasonably be expected to stay in that part of the country.
- (a) have regard to the general circumstances prevailing in that part of the country, and
- (b) have regard to the personal circumstances of the person; and
- (c) disregard any technical obstacles relating to travel to that part of that country.
Sur place claims
- 339P. A person may have a well-founded fear of being persecuted or a real risk of suffering serious harm based on events which have taken place since the person left the country of origin and/or activities which have been engaged in by a person since they left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin.
339Q. DELETED

Permission to stay on a protection route
- 339QA. Where the Secretary of State has granted an asylum applicant refugee status under paragraph 334, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of refugee status.
- Permission to stay on a protection route will be valid for a minimum period of 5 years and renewable upon application where the person still has and remains eligible for refugee status. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay.
339QB. Where the Secretary of State has granted an asylum applicant humanitarian protection under paragraph 339C, the asylum applicant will be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of humanitarian protection. Permission to stay on a protection route will be valid for a minimum period of 5 years and will be renewable upon application where the person still has and remains eligible for humanitarian protection. Applications for further permission to stay on a protection route under this Part should be made within the last 28 days of the applicant’s permission to stay.

339QC. Where the Secretary of State has granted an asylum applicant refugee status or humanitarian protection, any dependant of the asylum applicant who meets the requirements of paragraph 349 may be granted permission to stay. Permission to stay will not be granted to dependants where they would, if they were an asylum applicant, be excluded under Article 1(F) of the 1951 Refugee Convention (as defined in Section 36 of the Nationality and Borders Act 2022), be refused refugee status under paragraph 334(iii) or paragraph 334(iv), or be excluded from humanitarian protection under paragraph 339D. Permission to stay will be granted with the same expiry date and with the same conditions as that which is granted to the asylum applicant. Permission to stay will be renewable upon application where the dependant still meets the requirements of the Rules under which they were granted, and the asylum applicant who was granted refugee status or humanitarian protection is being granted further permission to stay at the same time or already has further permission to stay. An adult who was last granted permission to stay as a dependent child of a parent who has or had at the time that permission to stay as a dependant was granted, permission to stay on a protection route, may still qualify for further permission to stay as a dependant where they meet the other requirements of the Rules under which they were granted permission to stay. Applications for further permission to stay should be made at the same time as the asylum applicant’s application and within the last 28 days of the applicant’s permission to stay.

339QD. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route under paragraphs 339QA or 339QB where a person’s refugee status or humanitarian protection is revoked.

339QE. The Secretary of State may curtail, revoke or refuse to grant further permission to stay on a protection route to a dependant granted permission to stay on a protection route under paragraph 339QC where the refugee status or humanitarian protection of the applicant on whom they are a dependant is revoked, or where they no longer meet the requirements of the Rules under which they were granted.
- 339R. DELETED
- 339S. DELETED
- 339T. DELETED
- 340. DELETED
- 341. DELETED
- 342. DELETED
- 343. DELETED
- 344. DELETED
Travel documents
- 344A(i). After having received a complete application for a travel document, the Secretary of State will issue to a person in the United Kingdom who meets the definition of a refugee in Article 1 of the Refugee Convention and their dependants travel documents, in the form set out in the Schedule to the Refugee Convention, for the purpose of travel outside the United Kingdom, unless compelling reasons of national security or public order otherwise require.
- (ii) After having received a complete application for a travel document, the Secretary of State will issue to a person granted humanitarian protection in the United Kingdom and their dependants a travel document where that person is unable to obtain a national passport or other identity documents which enable that person to travel, unless compelling reasons of national security or public order otherwise require.
- (iii) Where the person referred to in (ii) can obtain a national passport or identity documents but has not done so, the Secretary of State will issue that person with a travel document where that person can show that they have made reasonable attempts to obtain a national passport or identity document and there are serious humanitarian reasons for travel.
- (iv) For the purposes of paragraph 344A, a “dependant” refers only to a person who has been treated as a dependant under paragraph 349 of these Rules or a person who has been granted permission to stay or entry clearance in accordance with Appendix Family Reunion (Sponsors with Protection) of these Rules.
Access to Employment
- 344B. The Secretary of State will not impose conditions restricting the employment or occupation in the United Kingdom of a person granted refugee status or humanitarian protection.
Information
- 344C. A person who is granted refugee status or humanitarian protection will be provided with access to information in a language that they may reasonably be supposed to understand which sets out the rights and obligations relating to that status. The Secretary of State will provide the information as soon as possible after the grant of refugee status or humanitarian protection.
- 345. DELETED
- 345(2A) DELETED
Inadmissibility of non-EU applications for asylum

345A. DELETED

Safe Third Country of Asylum

345B. DELETED

345C. DELETED

Exceptions for admission of inadmissible claims to UK asylum process made under section 80B(7)(b) of the Nationality, Immigration Act 2002 (as amended)
- 345D. When an application has been treated as inadmissible and the Secretary of State believes removal to a safe third country within a reasonable period of time is unlikely, the applicant will be admitted for consideration of the claim in the UK
Dublin Transfers
- 345E. DELETED
Previously rejected applications
- 346. DELETED
- 347. DELETED
Rights of appeal
- 348. DELETED
Dependants
- 349. A partner, or minor child, accompanying a principal applicant may be included in the application for asylum as a dependant, provided, in the case of an adult dependent partner with legal capacity, the partner consents to being treated as a dependant at the time the application is lodged. A partner or minor child may also claim asylum in their own right. If the principal applicant is granted refugee status or humanitarian protection and leave to enter or remain any partner or minor child will be granted leave to enter or remain for the same duration. The case of any dependant who claims asylum in their own right will be also considered individually in accordance with paragraph 334 above. An applicant under this paragraph, including an accompanied child, may be interviewed where they make a protection claim as a dependant or in their own right.
If the partner or minor child in question has a protection claim in their own right, that claim should be made at the earliest opportunity. Any failure to do so will be taken into account and may damage credibility if no reasonable explanation for it is given. Where an asylum or humanitarian protection application is unsuccessful, at the same time that asylum or humanitarian protection is refused the applicant may be notified of removal directions or served with a notice of the Secretary of State’s intention to deport them, as appropriate. In this paragraph and paragraphs xx-xxxx-xxxx a child means a person who is under 18 years of age or who, in the absence of documentary evidence establishing age, appears to be under that age.

Unaccompanied children
- 350. Unaccompanied children may also make a protection claim and, in view of their potential vulnerability, particular priority and care is to be given to the handling of their cases.
- 351. A person of any age may qualify for refugee status under the Convention and the criteria in paragraph 334 apply to all cases. However, account should be taken of the applicant’s maturity and in assessing the protection claim of a child more weight should be given to objective indications of risk than to the child’s state of mind and understanding of their situation. An asylum application made on behalf of a child should not be refused solely because the child is too young to understand their situation or to have formed a well founded fear of persecution. Close attention should be given to the welfare of the child at all times.
- 352. Any child aged 12 or over who has made a protection claim in their own right must be given the opportunity to be interviewed about the substance of their claim before a decision is taken.
- (a) the child is unfit to be interviewed; or
- (b) the child is unable to be interviewed; or
- (c) protection status can be granted to the child without an interview based on the evidence available; or
- (d) one of the exceptions in paragraph 339NA applies.
- Where the personal interview is omitted, the child must be given a reasonable opportunity to submit further information if insufficient information is available to take a decision on protection status. If the interview can be omitted and the child still requests an asylum interview, then this request must be considered.
- (a) it must be conducted in the presence of a parent, guardian, representative or another adult independent of the Secretary of State who has responsibility for the child; and
- (b) the interviewer must have specialist training in the interviewing of children; and
- (c) the child must be allowed to express themselves in their own way and at their own speed and, if they appear tired or distressed, the interview should be suspended, and the interviewer should consider whether it would be appropriate for the interview to be resumed the same day or on another day.
352ZA. The Secretary of State must, as soon as possible after an unaccompanied child makes a protection claim, take measures to ensure that the child has a person to represent and/or assist the child with respect to the examination of their claim and ensure that the representative is given the opportunity to inform the child about the meaning and possible consequences of the interview and, where appropriate, how to prepare themselves for the interview.

The child’s representative has the right to be present at the interview and ask questions and make comments in the interview, within the framework set by the interviewer.

For the purposes of paragraph 352 and 352ZA a representative can include a legal representative, social worker, local authority representative, independent child trafficking guardian, Scottish guardianship service representative, Northern Ireland independent guardian service representative, foster carer, relative, a Refugee Council representative or charity worker or other representative permitted to attend by the Secretary of State.

352ZB. The decision on the application for asylum shall be taken by a person who is trained to deal with protection claims from children.

Requirements for limited leave to remain as an unaccompanied asylum seeking child.
- a) the applicant is an unaccompanied asylum seeking child under the age of 17 ½ years throughout the duration of leave to be granted in this capacity;
- b) the applicant must have applied for asylum and been granted neither refugee status nor Humanitarian Protection;
- c) there are no adequate reception arrangements in the country to which they would be returned if leave to remain was not granted;
- d) the applicant must not be excluded from being a refugee under Article 1D and 1E of the 1951 Refugee Convention and Article 1F of the Refugee Convention, as defined in section 36 of the Nationality and Borders Act 2022 or excluded from a grant of Humanitarian Protection under paragraph 339D or both;
- e) there are no reasonable grounds for regarding the applicant as a danger to the security of the United Kingdom;
- f) the applicant does not constitute a danger to the community in the United Kingdom as a result of having been convicted by a final judgment of a particularly serious crime (as defined in section 72 of the Nationality, Immigration and Asylum Act 2002); and
- g) the applicant is not, at the date of their application, the subject of a deportation order or a decision to make a deportation order.
- a) is under 18 years of age when the asylum application is submitted.
- b) is applying for asylum in their own right; and
- c) is separated from both parents and is not being cared for by an adult who in law or by custom has responsibility to do so.
- 352ZE. Limited leave to remain should be granted for a period of 30 months or until the child is 17 ½ years of age whichever is shorter, provided that the Secretary of State is satisfied that the requirements in paragraph 352ZC are met.
- a) any one or more of the requirements listed in paragraph 352ZC cease to be met, or
- b) a misrepresentation or omission of facts, including the use of false documents, were decisive for the grant of leave under 352ZE.
Section 67 of the Immigration Act 2016 leave
- 352ZG. Paragraphs 352ZH to 352ZS only apply where a person has been transferred to the United Kingdom under Section 67 of the Immigration Act 2016.
Grant of Section 67 of the Immigration Act 2016 leave
- (i) the person is not excluded from being a refugee under Article 1D and 1E of the 1951 Refugee Convention and Article 1F of the Refugee Convention, as defined in section 36 of the Nationality and Borders Act 2022 or excluded from a grant of humanitarian protection under paragraph 339D of these Rules;
- (ii) where the person has made an application for refugee status or humanitarian protection, that application has been refused;
- (iii) there are no reasonable grounds for regarding the person as a danger to the security of the United Kingdom;
- (iv) the applicant does not constitute a danger to the community in the United Kingdom as a result of having been convicted by a final judgment of a particularly serious crime (as defined in section 72 of the Nationality, Immigration and Asylum Act 2002); and
- (v) must not fall for refusal under SUI 2.1 (c), SUI 3.1, SUI 4.1, SUI 5.1, SUI 5.3, SUI 9.1, SUI 10.1, SUI 11.1. to SUI 11.4, SUI 14.1, SUI 16.1, SUI 17.1 or SUI 18.1 of Part Suitability.
- 352ZHA. For persons arriving in the United Kingdom after 1 October 2019, the grant of Section 67 leave will be made upon their arrival in the United Kingdom.
Biometric immigration documents
- 352ZI. The Secretary of State will issue to a person granted Section 67 leave a biometric immigration document as soon as possible after the grant of Section 67 leave. The biometric immigration document will be valid for five years.
- 352ZJ. The Secretary of State will issue a biometric immigration document to a dependant of a person granted Section 67 leave in accordance with paragraph 352ZO.
- 352ZK. The Secretary of State may revoke a person’s biometric immigration document where their grant of Section 67 leave is revoked under the provisions in these Rules.
Requirements for indefinite leave to remain for a person granted Section 67 leave
- (i) they have been granted Section 67 leave; or
- (ii) they transferred to the UK under Section 67 of the Immigration Act 2016 and, having been granted refugee status or humanitarian protection, that person has had their status ended or refused under either paragraph 339A or paragraph 339G of the Immigration Rules following a review.
- (i) each of the requirements of paragraph 352ZH continue to be met;
- (ii) the person has held a biometric immigration document issued under paragraph 352ZI, 352ZJ, 339QA or 339QB for a continuous period of five years in the UK;
- (iii) the person’s biometric immigration document has not been revoked; and
- (iv) the person has not in the view of the Secretary of State, at the date on which the application has been decided, demonstrated the undesirability of granting settlement in the United Kingdom in light of his or her conduct (including convictions which do not fall within paragraphs 339R(iii)(a-e)), character or associations or the fact that he or she represents a threat to national security.
Indefinite leave to remain for a person granted Section 67 leave
- 352ZN. Indefinite leave to remain will, on application, be granted to a person described in paragraph 352ZL where each of the requirements in paragraph 352ZM is met.
Dependants of a person transferred to the UK under Section 67 of the Immigration Act 2016

352ZO. The dependent child of a person granted leave to remain under paragraph 352ZH or 352ZN, will be granted leave to enter or remain for the same duration as that person (“leave in line”) provided that the requirements of paragraph 352ZH (except for (ii)); and 352ZM (iv) are met. For the purposes of this paragraph, a dependent child means a child who is under 18 years of age and for whom the person has parental responsibility.

Curtailment and Revocation of Section 67 leave
- 352ZP. A person’s grant of leave under paragraph 352ZH or 352ZN may be curtailed or revoked if any of the grounds in SUI 3.2, SUI 5.2 (b), SUI 5.2(c), SUI 5.5, SUI 10.2, SUI 11.8 and SUI 14.2 of Part Suitability apply.
- 352ZQ. Any curtailment or revocation of a person’s leave under paragraph 352ZP shall also apply to any leave in line granted to a dependent child of that person.
Travel documents
- 352ZR. Following receipt of a completed application for a travel document, the Secretary of State will issue to a person granted Section 67 leave, unless compelling reasons of national security or public order otherwise require, a travel document if that person can demonstrate they are unable to obtain a national passport or other identity documents which enable that person to travel.
- 352ZS. Where the person referred to in paragraph 352ZR can obtain a national passport or identity documents but has not done so, the Secretary of State will issue that person with a travel document if that person can show that they have made reasonable attempts to obtain a national passport or identity document and there are compelling reasons for travel.
Family Reunion Requirements for leave to enter or remain as the partner of a refugee
- 352A. DELETED
- 352AA. DELETED
- 352AB. DELETED
Granting family reunion to the partner of a refugee
- 352B. DELETED
- 352BA. DELETED
Refusing family reunion to the partner of a refugee
- 352C. DELETED
- 352CA. DELETED
Requirements for leave to enter or remain as the child of a refugee
- 352D. DELETED
- 352DA. DELETED
Granting leave to enter or remain under exceptional circumstances
- 352DB. DELETED
Granting family reunion to the child of a refugee
- 352E. DELETED
Refusing family reunion to the child of a refugee
- 352F. DELETED
Requirements for leave to enter or remain as the partner of a person with humanitarian protection
- 352FA. DELETED
Granting family reunion to the partner of a person with humanitarian protection
- 352FB. DELETED
Refusing family reunion to the partner of a person with humanitarian protection
- 352FC. DELETED
- 352FD. DELETED
- 352FE. DELETED
- 352FF. DELETED
Requirements for leave to enter or remain as the child of a person with humanitarian protection
- 352FG. DELETED
Granting leave to enter or remain under exceptional circumstances
- 352FGA. DELETED
Granting family reunion to the child of a person with humanitarian protection
- 352FH. DELETED
Refusing family reunion to the child of a person with humanitarian protection
- 352FI. DELETED
Refusing family reunion where the sponsor is a British Citizen
- 352FJ. DELETED
Interpretation
- 352G. For the purposes of this Part, “Country of origin” means the country or countries of nationality or, for a stateless person, the country of former habitual residence.
Restriction on study

352H. Where a person is granted leave in accordance with the provisions set out in Part 11 of the Immigration Rules that leave will, in addition to any other conditions which may apply, be granted subject to the condition in Appendix ATAS of these Rules.

Calais leave to remain in the United Kingdom
- (i) from 17 October 2016 to 13 July 2017 inclusive; and
- (ii) in connection with the clearing of the Calais migrant camp; and
- (iii) for the purpose of being reunited with family in the United Kingdom,
- (a) as part of the expedited process operated by the Secretary of State;
- (b) pursuant to an order of the Tribunal; or
- (c) under the Dublin III Regulation.
Grant of Calais leave
- (i) the person is not excluded from being a refugee under Article 1F of the 1951 Refugee Convention (as defined in section 36 of the Nationality and Borders Act 2022) or excluded from a grant of humanitarian protection under paragraph 339D of these Rules;
- (ii) the person’s application for refugee status or humanitarian protection has been refused;
- (iii) there are no reasonable grounds for regarding the person as a danger to the security of the United Kingdom;
- (iv) the applicant does not constitute a danger to the community in the United Kingdom as a result of having been convicted by a final judgment of a particularly serious crime (as defined in section 72 of the Nationality, Immigration and Asylum Act 2002); and
- (v) must not fall for refusal under SUI 2.1 (c), SUI 3.1, SUI 4.1, SUI 5.1, SUI 5.3, SUI 10.1, SUI 9.1, SUI 11.1 to SUI 11.4, SUI 14.1, SUI 16.1, SUI 17.1 or SUI 18.1 of Part Suitability.
- 352K. At the end of the five-year period, if each of the requirements of paragraph 352J continue to be met, the person will be granted Calais leave for a further period of five years.
Persons previously granted a form of protection
- 352L. Where a person was transferred to the UK in accordance with paragraph 352I and, having been granted refugee status or humanitarian protection, that person has had their status ended or refused under either paragraph 339A or paragraph 339G of the Immigration Rules following a review, that person will be entitled to a grant of Calais leave providing that the requirements of paragraph 352J (except sub-paragraph (ii)) are met.
Biometric immigration documents
- 352M. The Secretary of State will issue to a person granted Calais leave a biometric immigration document as soon as possible after the grant of Calais leave. The biometric immigration document will be valid for five years.
- 352N. The Secretary of State will issue a biometric immigration document to a dependant of a person granted Calais leave in accordance with paragraph 352T.
- 352O. The Secretary of State may revoke or refuse to renew a person’s biometric immigration document where their grant of Calais leave is revoked under the provisions in these Rules.
- 352P. At the end of the five-year period, if the person’s Calais leave has been renewed, they will be issued with another biometric immigration document, valid for a further period of five years.
Requirements for indefinite leave to remain for a person granted Calais leave
- (i) they have been granted Calais leave for a continuous period of ten years; or
- (ii) having been granted Calais leave under paragraph 352L, they have been granted leave to remain in the UK for a continuous period of ten years.
- (i) each of the requirements of paragraph 352J continue to be met;
- (ii) the person has held a biometric immigration document issued under paragraph 352M, 352N or 352P, and, in the case of a person to whom paragraph 352L applies, paragraph 339QA or 339QB, for a continuous period of ten years in the UK;
- (iii) the person’s biometric immigration document has not been revoked; and
- (iv) the person has not in the view of the Secretary of State, at the date on which the application has been decided, demonstrated the undesirability of granting settlement in the United Kingdom in light of his or her conduct (including convictions which do not fall within paragraphs 339R(iii)(a-e)), character or associations or the fact that he or she represents a threat to national security.
Indefinite leave to remain for a person granted Calais leave
- 352S. Indefinite leave to remain will, on application, be granted to a person described in paragraph 352Q where each of the requirements in paragraph 352R is met.
Dependants of a person granted Calais leave
- 352T. The dependent child of a person granted leave to remain under paragraph 352J or 352S, will be granted leave to enter or remain for the same duration as that person (“leave in line”) provided that the requirements of paragraph 352J (except for (ii)); and 352R (iv) are met. For the purposes of this paragraph, a dependent child means a child who is under 18 years of age and for whom the person has parental responsibility.
Curtailment and Revocation of Calais leave
- 352U. A person’s grant of leave under paragraph 352J or 352S may be curtailed or revoked if any of the grounds in SUI 3.2, SUI 5.2 (b), SUI 5.2(c), SUI 5.5, SUI 10.2, SUI 11.8. and SUI 14.2. of Part Suitability apply.
- 352V. Any curtailment or revocation of a person’s leave under paragraph 352U shall also apply to any leave in line granted to a dependent child of that person.
Travel documents
- 352W. Following receipt of a completed application for a travel document, the Secretary of State will issue to a person granted Calais leave, unless compelling reasons of national security or public order otherwise require, a travel document if that person can demonstrate they are unable to obtain a national passport or other identity documents which enable that person to travel.
- 352X. Where the person referred to in paragraph 352W can obtain a national passport or identity documents but has not done so, the Secretary of State will issue that person with a travel document if that person can show that they have made reasonable attempts to obtain a national passport or identity document and there are compelling reasons for travel.