are asylum seekers coming to England illegal?

Question

are all asylum seekers illegal or are they all legal or are some legal others not?

can someone please explain...

Answer 1

Asylum seekers have to apply for asylum when they arrive in the UK. They are only classed as illegal asylum seekers if their application is rejected but they stay in the UK. Until their application has been assessed they are here legally, and of course remain legal if their application is accepted.

The Home Office generally takes at least a year to adjudicate appliations. There were 4,565 initial decisions in the third quarter of 2006, 8 per cent lower than the previous quarter. Of these, 9 per cent were granted asylum, 10 per cent granted either humanitarian protection or discretionary leave and 81 per cent refused.

Answer 2

To be called an 'asylum seeker' they have to register with the Government and then wait to have the case heard. If they can prove they are genuinely facing death or imprisonment in the Country they fled they will be accepted. I knew two who returned to Iraq after Saddam's downfall.
They don't need to enter the country illegally.
Illegal Immigrants come in, legally on Visa's which then run out, or are smuggled in by family and friends or unscrupulous people who want to use them, like those that brought in the chinese cockle pickers.
If they are not registered they can't get benefits so anyone on those is legally here.

Answer 3

Asylum seekers and illegal aliens are different things.

Asylum seekers come here to escape from e.g. being murdered in their own country. They are asking to be taken in.

Illegal aliens have already entered the country and have no right to be here. E.g. they came here on a student or visitors visa and stayed after the visa ran out.

Answer 4

I htink it has been proved recently that there are quite a considerable amount
of illegal persons here .Whether or not they are asylum seekers,the reason
being we are probably the easiest country to get into, because no-one else
wants them. There is documented film evidence of that ,on the french side of
the tunnel

Answer 5

please i don´t that an asylum seeker is illegal. maybe before the seeking of asylum he is illegal but immediately as he seek for asylum he is no more because this the time that the state knows him. therefore all asylum seekers are not illegal.

Answer 6

Asylum seekers are not all illegal entrants, however some asylum seekers will have entered the country illegally before making their asylum claim.

An Asylum Seeker is a person who claims he or she has a well-founded fear of persecution in his/her own country for reasons of race, religion, nationality, membership of a particular social group or political opinion. In other words, his/her life or freedom is at serious risk for one or more of these 5 reasons. Should he/she be able to satisfy the Home Office that his/her fears are well-founded (ie there is a reasonable degree of likelihood that his/her fears will be realised - ie he/she will be killed, tortured or improperly imprisoned etc - should he/she be returned to his/her country of origin (SSHD v Sivakumaran)) for one or more of those 5 reasons he/she will be recognised as a Convention Refugee and will be allowed to remain in the UK for an initial period of 5 years. At the end of the 5 years he/she can apply for settlement and if the fears are still well-founded that will be granted.

In order for well-foundedness to be considered, the person's account and given reasons for fearing return will be carefully considered against the known background of current events, political climate and treatment of individuals within the country of origin.

War criminals and people who have committed serious crimes or crimes against humanity are excluded from recognition as Refugees.

Some people whose fears are well founded, but not for one of the 5 reasons, may be granted a limited period of leave to remain under the terms of the Humanitarian Protection or Discretionary Leave policies. These are essentially (but not exclusively) based on Articles 2 (the right to life), 3 (the right not to face torture or inhuman or degrading treatment) and 8 (the right to a private or family life) of the European Convention of Human Rights (and of the 1998 Human Rights Act).

An illegal entrant to the UK may have entered illegally by clandestine methods (ie avoiding the immigration controls at the sea and air ports by hiding in a lorry, rowing ashore at a quiet spot, landing in a field in a small plane or whatever); by use of verbal deception (ie lying about his/her true intentions to the immigration officer); by documentary deception (ie use of false or forged passport or other documents); by entering in breach of a Deportation Order; by absconding from temporary admission or immigration detention; by entering through the Republic of Ireland (only Irish or UK nationals are allowed to freely cross the borders between the two countries without a passport or permission); or having arrived and come ashore as the member of a ship's crew then remaining here after the ship has left - known as a seaman deserter.

A person who entered the UK legally but who then remained beyond the time limited by their conditions of entry (an overstayer) or who worked despite not having had permission to do so (working in breach of conditions) is not an illegal entrant. However, that person has broken the immigration laws and their continued stay is termed "unlawful". I suppose loosely such people might be called 'illegal immigrants', but in legal terms that is not quite the right description.

Some people who entered the UK illegally by one of the above methods and some who have remained unlawfully may well apply for Asylum. Such an application postpones any removal or deportation action until the application has reached a final conclusion (see Article 33 - Non-Refoulement - of the 1951 Geneva Convention Relating to the Status of Refugees). If their fears prove to be well-founded their method of entry, although taken into account, will not prevent them being recognised as a Refugee and being allowed to remain. However, a person who has deceived the immigration authorities to get into the country will have shown that their credibility is questionable and will need to have a reasonable explanation for having acted in that way or the truthfulness of other details of their account may also be considered as dubious.

The Home Office aims to consider and decide something like 90% of all fresh asylum claims within 2 months of the application being made. There are rights of appeal which then prolong the process - it is only after all rights of appeal have been exhausted (if they were exercised in the first place) that the application can be treated as "finally determined".

Answer 7

whether legal or illegal they are here for 1 reason, a free and better life at the cost of us british (over)tax payers

Answer 8

Illegal immigrants are illegal, asylum seekers are not.

Answer 9

They arent all illegal,but a lot of them are

Answer 10

Lets put it this way, if the taliban blew up foreign countries they kill very few, they are all over here