The UK has a broad legal and policy framework for its asylum procedure, contained in Part 11 of the Immigration Rules and in an extensive range of decision-making guidance known as Asylum Instructions. Asylum Instructions are regularly updated.

Asylum-seekers are notified of decisions and procedural steps affecting their claim. Written decisions are required under paragraph 336 of the Immigration Rules, which states that refusals must set out reasons in fact and law and provide written information on how to challenge the decision.1 Negative decisions carry a statutory right of appeal to the First-tier Tribunal under section 82 of the Nationality, Immigration and Asylum Act 2002.2

A right to be heard is contained in paragraph 339NA of the Immigration Rules, which requires that every applicant be offered a substantive interview unless an exception applies.3 The list of exceptions was expanded in August 2026 and Home Office guidance is awaited which may assist in understanding what this will mean in practice in relation to the right to be heard.

Paragraph 339ND of the Immigration Rules requires the Home Office to provide a competent interpreter at public expense when needed.4

Paragraph 333B of the Immigration Rules entitles asylum-seekers to obtain legal advice and representation5 at their own expense, or at public expense where their financial means do not exceed a certain threshold.6

Paragraph 339L of the Immigration Rules, establishes that it is the duty of the person claiming asylum to substantiate their protection claim7 and the Immigration Rules themselves do not refer to the shared duty between the asylum-seeker and the examiner of the claim to ascertain and evaluate all relevant facts. Nevertheless, Home Office guidance to its asylum caseworkers recognises that the asylum interview is a co-operative process in which the caseworker must assist asylum-seeker by establishing the relevant aspects of the claim, encouraging the asylum-seeker to disclose all relevant information, and obtaining, exploring and assessing the relevant information.8

Home Office asylum caseworkers are instructed to give asylum-seekers the opportunity to explain any apparent contradictions in their account and any apparent inconsistency between their account and any external information.9

Paragraph 350 of the Immigration Rules stipulates that particular priority and care is to be given to the handling of applications from unaccompanied child applicants. Paragraphs 351 to 352ZA set out further provision for the specific handling of applications from unaccompanied children.10 The Home Office has detailed guidance on processing children’s asylum claims.11

Home Office asylum caseworkers are instructed to make appropriate allowances and adaptations when interviewing vulnerable applicants.12 Paragraph 339NA of the Immigration Rules states that interviews may be omitted entirely where the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond their control.13

Paragraph 339IA of Immigration Rules prohibits disclosure of information provided in support of an application, or of the fact that an asylum application has been made, to the alleged actor(s) of persecution.14 However, the same paragraph also provides that, notwithstanding this Rule, the Secretary of State may disclose the fact that an asylum application has been made if there is a public interest in doing so. Broader principles of confidentiality are contained in Home Office guidance.15

• 1Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 2Nationality, Immigration, and Asylum Act 2002, Section 82. Available at: https://www.legislation.gov.uk/ukpga/2002/41/section/82.
• 3Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 4Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 5Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 6The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013. Available at: https://www.legislation.gov.uk/uksi/2013/480/contents.
• 7Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 8Home Office, Asylum interviews, Version 10.0, p. 49. Available at: https://assets.publishing.service.gov.uk/media/68ef732a8427701993d5e0c9/Asylum+interview.pdf.
• 9Home Office, Asylum interviews, Version 10.0, p. 51. Available at: https://assets.publishing.service.gov.uk/media/68ef732a8427701993d5e0c9/Asylum+interview.pdf.
• 10Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.  
• 11Home Office, Children’s asylum claims, Version 5.0. Available at: https://assets.publishing.service.gov.uk/media/678e41f3432c55fe2988f633/Processing+childrens+asylum+claims.pdf.
• 12Home Office, Asylum interviews, Version 10.0. Available at: https://assets.publishing.service.gov.uk/media/68ef732a8427701993d5e0c9/Asylum+interview.pdf.
• 13Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 14Immigration Rules, Part 11: Asylum. Available at: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.  
• 15Home Office, Disclosure and confidentiality of information in asylum claims, Version 2.0. Available at: https://assets.publishing.service.gov.uk/media/630f3a9be90e0729da484f35/Disclosure_and_confidentiality_of_information_in_asylum_claims.pdf.