Asylum: Torture

(asked on 17th December 2018) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what definition of torture his Department uses to assess asylum claims.


Answered by
Caroline Nokes Portrait
Caroline Nokes
This question was answered on 20th December 2018

We have a proud history of granting protection to those who need it. All asylum claims lodged in the UK are carefully considered on their individual merits. Where someone has a well-founded fear of persecution or serious harm they are offered protection and not expected to return to their country.

We have published detailed Home Office guidance for caseworkers on how to assess asylum claims, which includes guidance on what amounts to persecution, defined as a serious violation of basic human rights in the Refugee or Person in Need of International Protection (Qualification) Regulations 2006. http://www.legislation.gov.uk/uksi/2006/2525/contents/made
There is no single definition of torture used to assess asylum claims as caseworkers must consider whether a person faces persecution or serious harm on return to their country of origin.

Before guidance is published, we consult with key partners, including UNHCR, to ensure it reflects our obligations under the Refugee Convention. The guidance is also reviewed regularly to ensure it takes account of developments in refugee caselaw. The guidance is available on gov.uk at: https://www.gov.uk/government/publications/considering-asylum-claims-and-assessing-credibility-instruction

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