“I was let down for 16 years. Now at last, I am believed” 

Samuel* was just 17 years old when he arrived in the UK from Eritrea as a child asylum seeker, escaping persecution for his faith. Expecting to receive help and support, when officials refused his application for asylum, he was left devastated.   

“My uncle arranged for me to leave Eritrea in 2008, and I was told that in the UK, I’d be safe,” says Samuel. “When I arrived, I claimed asylum, but the Home Office didn’t believe I was a child, or that I was Eritrean.  

“I was told I looked 26 and must have been born in 1983 – not 1991, which is my actual birth year. They also believed I was from Ethiopia. 

“Because of that, my asylum claim was unsuccessful. I lost all the support I should have received, and I couldn’t work or claim benefits. I only spoke a very little amount of English, but because I was scared to return to Eritrea, I stayed in the UK.” 

Over the following years, Samuel made several more applications to remain in the UK. But each time, decision-makers rejected his claim. 

“I had no status, and felt depressed and hopeless,” Samuel says. “I had no home, so I stayed with people I knew through the church for a couple of days or a week at a time – never for very long. 

“Because I couldn’t work, I never had any money for food or accommodation. I spent a lot of time outside in the cold and rain, in parks or catching buses for no reason.”  

“I had no status and felt depressed and hopeless”

In 2015, Samuel started a relationship with a woman who had also fled Eritrea but had been granted asylum. Although the couple had two children together, Samuel was unable to live with his family due to his lack of status in the UK. 

In 2020, on the recommendation of a friend from the church, Samuel contacted us, asking for help.

“When I first looked at Samuel’s case, I thought it was pretty hopeless,” says SWLLC solicitor Paul Keeley. “A tribunal held 12 years previously had decided he’d lied about his age and nationality. 

“Several other lawyers had unsuccessfully attempted to challenge the decision over the years. We had no new evidence to show that the decision was incorrect. But I also knew that the system often gets these things wrong. 

“I got hold of all the records I could from the Home Office and spent hours looking into them. The case on Samuel’s nationality rested on a language analysis by an apparent linguistic expert. But I realised he had used the wrong methods to assess Samuel’s language and accent.  

“I also saw that Samuel’s age hadn’t been assessed properly. The Home Office had just decided he looked like an adult. As a result, he was placed in accommodation with adults. When he lost his case, he was put out on the streets.” 

HELP PEOPLE LIKE SAMUEL BY SUPPORTING OUR WORK

After a long battle, the Home Office granted Samuel leave to remain for two and a half years, based on his family life in the UK. But officials continued to deny him refugee status based on the unlawful assessments of his age and nationality.  

Finally, in February 2024, a judge accepted that Samuel had been telling the truth ever since his arrival in the UK. He ruled that he is Eritrean, that he is at risk in his home country, and that he was a child when he first claimed asylum. As a result, he received five years’ leave to remain. 

“I felt outraged by what Samuel had been through,” says Keeley. “I decided that he shouldn’t just be given limited leave to remain. The Home Office needed to put things right, so I persuaded him to keep up the fight.” 

After fighting for 16 years, Samuel finally secured indefinite leave to remain.

“The fact that the Judge believed me made me so happy,” Samuel says. “I’ve been homeless for 16 years, but since receiving leave to remain, I’ve been able to claim Universal Credit. I’m also waiting for council accommodation.  

“I felt outraged by what Samuel had been through”

“Because my income is still very low, I can’t afford to support my children as much as I’d like. But I can now buy them things like toys and clothes. I feel very happy that I can do that – I just wish I could have done it sooner.” 

In making his judgement, the tribunal judge commented that, “[Samuel’s] case has clearly benefited from the involvement of a specialist asylum solicitor who understands the importance of careful preparation and research.”  

His comments highlight the huge importance of South West London Law Centre’s work, and our vision that everyone should have access to legal advice and justice when they need it.  

Today, Paul Keeley is still working on Samuel’s case, seeking damages and British citizenship for his client. Meanwhile, Samuel is hoping to find a job in the construction industry.  

“I really appreciate Paul – I trusted him, and he fought for me a hundred percent,” he says. “I’m grateful for the Law Centre’s support, and really happy with the outcome.  

“The last 16 years have been a struggle – but now I’m hopeful for the future.” 

Need legal help or advice on work, immigration, money, family matters or housing? Get in touch with us today. 

*Samuel’s name has been changed to protect his identity.