Can immigration act after asylum application?

Yes, immigration authorities can take action against an overstayed visit visa holder even after they have applied for asylum. However, the specific actions taken may vary based on the circumstances and the legal framework of the country. Here are some key points:

1. Asylum Application Processing: Once an individual applies for asylum, their application will be processed according to the country's asylum procedures. This typically involves an assessment of their claim to determine if they qualify for refugee status or other forms of protection.

2. Detention: In some cases, immigration authorities may detain the asylum seeker while their application is being processed. This can be due to concerns about the individual's identity, security risks, or the likelihood of absconding.

3. Overstay Penalties: The fact that the individual has overstayed their visa may be taken into account, and they may face penalties for this overstay. However, the asylum application is considered separately, and the overstay does not automatically disqualify them from seeking asylum.

4. Temporary Protection: While the asylum claim is being processed, the individual is usually granted temporary protection from deportation. This means they cannot be removed from the country until a decision on their asylum application is made.

5. Outcome of Asylum Application:

o Approved: If the asylum application is approved, the individual will be granted refugee status or another form of protection, allowing them to stay in the country legally.

o Denied: If the asylum application is denied, the individual may be subject to removal or deportation, and any penalties for overstaying their visa may be enforced.

6. Legal Assistance: It is often advisable for asylum seekers to seek legal assistance to navigate the complex asylum process and address any issues related to their overstay.

Overall, while immigration authorities can take action against an overstayed visa holder, the asylum process provides certain protections and requires the authorities to evaluate the asylum claim before making a final decision on the individual's status.