Asylum

On the 8 January 2005 the Home Office announced that India is to be added to the list of 'safe' countries. When a person applies for asylum from a designated 'safe' country, the decision making process on the application is fast-tracked. Applications that are refused are then considered by caseworkers for certification as clearly unfounded. Applicants whose claims are certified have no right of appeal in the UK, although the applicant can seek permission to judicially review the certificate.

Home Office Minister Des Browne, announcing the addition of India to the list, stated that for the time being enforced removals of failed asylum seekers to the southern coast of India have been suspended, in line with the Home Office?s policy on areas affected by the Tsunami.

As of 1st January 2005 decision-makers considering asylum or human rights claims will be required to take into account certain behaviour as damaging a claimant's credibility. A claimant's credibility will be damaged if they:

- fail to produce a passport
- produce a document which is not a valid passport
- destroy a passport or a ticket
- fail to answer a question asked by a deciding authority.

Decision makers will also be required to take into account the fact that a claimant had the opportunity to claim asylum in a safe country but did not.