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Case Study

Asylum Claim from Namibia

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Background

Our client was seeking asylum in the UK because of ongoing sexual violence and threats from a family member in her home country of Namibia.

The relative was a powerful and influential individual who repeatedly abused her with the knowledge of other family members. Despite attempts to escape to Botswana, our client found his influence extended to there as well.

With no viable means of protection if she remained in her home country, she opted to come to the UK and seek asylum.

What were the challenges with the case?

The client’s first claim for asylum was rejected on the basis the Namibian police could provide her with protection and that relocating within Namibia away from her family home was an option. Her first application failed to provide substantial evidence of risk or evidence of abuse.

On appeal to the First-tier Tribunal and the Upper Tribunal, the refusal was upheld.

At this point, the client had navigated much of the asylum process without proper legal support. IAS discovered this meant there had been critical gaps in the evidence submitted as well as a misunderstanding of the appeal procedure.

How did our lawyers help?

The team at IAS was quick to identify how the client could provide detailed evidence of the abuse and demonstrate why she would be unsafe if she returned to her home country.

Following our advice, the client and her sister in Namibia provided statements, supported by public reports highlighting government corruption and impunity in the country.

We also advised the client on the criteria for a fresh claim under paragraph 353 of the Immigration Rules, ensuring the new evidence would meet the required legal standards.

This meant the client was able to a new application with comprehensive evidence supporting her asylum claim.

What was the outcome?

The client was granted refugee status for five years. This came as a significant relief for the applicant as it had been a lengthy and complex legal battle.

The successful resolution of this case demonstrates IAS’s expertise in navigating the complexities of asylum law.

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