Asylum applications made too late
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you are told that you are not eligible for asylum support because you did not apply for asylum soon enough, get advice immediately.
If you get a negative UKBA decision on Section 55 grounds (because you didn’t apply for asylum soon enough), you will be asked to leave your accommodation within seven days. If you get a positive decision, you can remain in emergency accommodation and you may receive further asylum support.
You cannot appeal against this decision. The only way to challenge a negative decision is to request reconsideration from UKBA or apply for judicial review. Judicial review is a complicated legal process, so you will need help from a legal adviser. You will have to prove that UKBA didn’t follow the correct procedure when it assessed your application, or that UKBA’s refusal to help you is an abuse of your human rights.
Despite being difficult to prove, there have been several recent positive court decisions, so seeing a legal adviser could be useful. Contact the Refugee Council for general advice, or call Shelter’s housing advice helpline on 0808 800 4444 to help you find a legal adviser.
