Oct 13, 2022 by Foresight

Immigration Law: Why people might seek refuge, why they may face legal troubles, and who is best placed to help in their case

In the past year, we’ve seen over 100,000 Ukrainian people seek refuge in the UK to escape their dangerous and war-torn country. It remains largely unknown what will ultimately happen to those who cannot return safely to Ukraine, but it does open the conversation of immigration, and what happens to individuals who don’t believe returning to their country of origin, wherever that may be, is a safe or viable option for them or their families.

What’s the UK’s stance on immigration and asylum?

The government states that there are 3 major objectives when it comes to immigration in the UK.

  • To increase the fairness and efficacy of our system so that we can better protect and support those in genuine need of asylum.
  • To deter illegal entry into the UK, thereby breaking the business model of people smuggling networks and protecting the lives of those they endanger.
  • To remove more easily from the UK those with no right to be here.

The objectives are part of a new 2022 reform to safeguard the asylum system and those who need access to it but despite the UK having clear legislation on asylum, individual cases are often much more complicated than the black and white rules that currently dictate the system.

Why do some people make the difficult decision to leave their homes?

Amnesty International explains how many are “forced to flee persecution or human rights violations such as torture. Millions flee from armed conflicts or other crises or violence. Some no longer feel safe and might have been targeted just because of who they are or what they do or believe – for example, for their ethnicity, religion, sexuality or political opinions.” Individuals facing these horrifying circumstances are often desperate and would much rather risk facing legal ramifications in a safe environment than stay living in an extremely dangerous, often life-threatening one.

Are asylum laws the same everywhere?

Each country has their own set of policies and procedures that those seeking legal asylum must adhere to, but most countries do welcome those seeking a better life away from their previous country of origin.

The European Union’s aim is to “set up a balanced approach to managing regular immigration and combating irregular immigration. Proper management of migration flows entails ensuring fair treatment of third-country nationals residing legally in Member States, enhancing measures to combat irregular immigration, including trafficking and smuggling, and promoting closer cooperation with non-member countries in all fields.”

It’s the goal of most countries who accept large volumes of asylum seekers and refugees to ensure the safety and fair treatment of those seeking asylum as well as the citizens of the country, and to safeguard the services that the country provides to all who reside in it – for example the NHS.

When might someone need legal help?

Those who fled their country of origin and entered the UK illegally to escape danger or persecution, or those who may have overstayed a visa due to their country of origin being too dangerous to return to might require the help of a legal team in order to remain in the UK. Victims of human trafficking may also require a solicitor.

Which expert witnesses are best placed to help in an immigration case?

Immigration cases are never straight forward, and many require several expert witnesses to paint an accurate picture of the circumstances surrounded someone’s case. The types of expert witnesses that may be instructed could include:

  • Psychologist/Child Psychologist
    A psychologist may be instructed to give their clinical opinion on whether the individual has lasting psychological damage caused by the circumstances that led to them leaving their country of origin and will likely continue to face should they return.
  • Country of Origin Expert
    A COI expert may be necessary to provide a report or give testimony regarding the country the individual(s) are fleeing. A country of origin expert witness has extensive experience and knowledge of human rights, political persecution, LGBTQ rights, civil and criminal law, history of conflict, the military, ethnic groups, health and wellness, and mental health of a particular country.
  • GP/Medical Doctor
    An individual may have suffered lasting physical injuries that a doctor can detail in a report or testimony. This may serve as valuable evidence proving the individual escaped a dangerous situation that they should not return to.

How Foresight can help

Drawing on almost 15 years’ experience in supporting family, criminal and immigration law cases with our extensive and comprehensive panel of highly experienced, highly qualified, and highly reliable expert witnesses, we can source the perfect expert witness for any case type.

We know that immigration law is a sensitive and complex issue – and as these cases can often involve ill treatment of the individuals involved, our experts are well-versed in the Istanbul Protocol.

As one of our clients, you can rest assured knowing our expert witnesses are highly experienced and qualified in these kinds of cases – and with our comprehensive panel ready to deliver valuable insights for your case, we’ll save you valuable time and money.

Our experience and knowledge across the full breadth of legal cases allows us to truly understand what it takes to deliver a timely, accurate report as well as paint a convincing picture of evidence to present in court.

If you’d like to instruct one of our expert witnesses, please click here to get in touch and talk to our friendly team.  


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