Fairness for asylum seekers
SWVG believes asylum seekers should have:
- A fair hearing
The government makes it extremely difficult for people to claim asylum in the UK. On arrival, asylum seekers generally lack legal representation and may be treated with suspicion or worse by the UK Border Force. They may not have necessary evidence with them to back up their asylum claim.
Legal aid cuts since 2010 make it harder for asylum seekers to present their case with the support of a solicitor. On top of this, the government requires those wishing to make a second claim to travel to Liverpool at their own expense (unless supported by an organisation such as SWVG).
We say: Give asylum seekers a fair hearing, both when they arrive in the UK and at any subsequent claim once they have properly prepared their case.
- Fair treatment
Asylum seekers waiting for a claim to be determined by the Home Office may qualify for an allowance, but this is just £37.75 per week. They may not be offered anywhere to live. The government has also made it much harder for asylum seekers to receive free hospital treatment.
At the same time, the wait for the Home Office to make decisions is getting longer. About half of the 34,000 people awaiting an asylum decision in June 2019 had been waiting more than six months. Nearly half (42%) of asylum decisions are overturned on appeal.
We say: Don’t force asylum seekers into destitution by denying them housing or money for food and other living expenses.
- Fair opportunity
While waiting for a Home Office decision, asylum seekers cannot undertake paid employment – even if they have skills that are needed to help the UK economy. We strongly support asylum seekers being able to work if their claim has not been decided after six months (as many claims are not).
We say: Treat asylum seekers with respect and allow them to earn money by working while they are waiting for their asylum claim to be determined.
It is hard enough for most asylum seekers to gain permission to remain in the UK. But the problems don’t generally stop there.
In April 2017, the All-Party Parliamentary Group (APPG) on Refugees published the “Refugees Welcome?” report outlining many of the difficulties faced by people claiming asylum after they are granted refugee status. The report is a valuable reference that made strong recommendations to the government at the time.
You can read an evidenced based report produced by SWVG on the asylum system here for detailed analysis of the current challenges.
Out of the Fire and Into the Frying Pan
People whose asylum claims are approved can face major problems within weeks.
Asylum seekers receive subsistence funding and accommodation from the government while their claim is being assessed by the Home Office. But once their asylum claim is approved and they are granted refugee status, they have just 28 days’ notice to vacate their accommodation, at which point their funding stops.
This is where, for many, problems start. While they are eligible to work and receive benefits, they require a biometric residence permit (BRP) and a national insurance (NI) number. There is often a gap between asylum support ceasing and the BRP and the NI number being issued.
As a result, many people become destitute with nowhere to live, no funding and no means to earn a living. SWVG offers temporary funding for our clients to bridge this gap but for many people life is grim, just at the point where they should be feeling more positive and optimistic.
We supported Baroness Lister of Burtersett with evidence of our clients’ experiences so she could take this up with the government. We are now awaiting the outcome of a pilot study by the Home Office and the Department of Work and Pensions, which is being monitored by the Red Cross.
English for speakers of other languages (ESOL)
Many asylum seekers struggle to find classes where they can learn English.
There is little doubt that being able to speak English is key to integration, and not just for refugees.
However, according to Refugee Action, ESOL funding has shrunk by 55% in recent years. As a result, several training providers report refugees waiting more than a year for lessons. In some areas of the country, they wait up to two years.
Some providers have been forced to cut the number of ESOL hours by more than half in recent years. Limited childcare provision is also a barrier to women attending classes.
SWVG supports national campaigns to lobby for the creation of a fund to specifically support refugees learning English, and for the publication of an ESOL strategy for England. This would ensure full access to ESOL, particularly for women, and provide asylum seekers with the right to access free English language learning.
Reporting to a local police station
Clients are no longer asked personal questions in front of other people
Almost everyone who is seeking or has been refused asylum is required to report regularly to the Home Office. This is normally done at a local police station.
A client raised serious concerns about the total lack of privacy where she reports, and about inappropriate remarks made by the Home Office officials. People are asked in public personal questions about their health and medication and about their case and circumstances. On one occasion a Home Office official publicly denigrated a well-respected local solicitor.
SWVG took up this matter with the Hants and Isle of Wight Strategic Migration Group. We had a quick response from the Home Office to confirm the problems had been addressed. We were then pleased to hear from our clients who have seen a definite improvement and who are now being invited into a separate room if anything of a personal or private nature needs to be discussed.
Trafficking: delays in decisions on trafficking status
Some asylum seekers are victims of modern slavery as well as other traumas.
If it is thought a person may have been a victim of trafficking, their case is initially assessed by the Modern Slavery Human Trafficking Unit (MSHTU) – a multi-agency organisation led by the National Crime Agency (NCA).
A framework called the national referral mechanism (NRM) is used for identifying victims of human trafficking or modern slavery and ensuring they receive appropriate support. When MSHTU receives a referral relating to someone who is subject to immigration control, they will refer the case to the Home Office, which makes “reasonable and conclusive grounds decisions” as to whether the person has been trafficked.
The NRM team has a target date of five working days from receipt of referral in which to decide whether there are reasonable grounds to believe the individual is a potential victim of human trafficking or modern slavery.
The expectation is that a conclusive grounds decision will be made as soon as possible following day 45 of a “recovery and reflection period”. There is no target to make a conclusive grounds decision within 45 days. The timescale for making a conclusive grounds decision will be based on all the circumstances of the case.
There appear to be significant delays in the NRM process. SWVG has one client who was still awaiting a decision after 18 months (as at December 2017), while a former client has been waiting several months for a decision.
The Home Office says it cannot consider a person’s asylum application before the NRM decides on their trafficking status. These delays can have severe effects on individuals’ well-being, particularly if they have already been through traumatic experiences.
The Injustice List
This is a list of some of the problems and injustices faced by people seeking asylum.
|No recourse to public funds||Legally removing asylum seekers’ access to public benefits|
|Reduction in NASS support for children||From £52.96 to adult rate (£36.95)|
|Removing concessions to families where permission refused||Aligning families with individuals – if refused L2R, support withdrawn after 28 days|
|Removal of right to free secondary health care|
|Removing ability to rent accommodation||Making it illegal for landlords to provide accommodation to tenants who do not have the right to live in the UK|
|Making work without L2R a criminal offence||Unable to work even if well qualified in own country. Sanctions against employer and employee|
|Making it illegal to open a bank account|
|Making it illegal to hold a driving licence|
|Requirement to deliver a fresh claim in person to Liverpool||This is merely handing in. There is no interview, so the purpose is unclear & the economic benefits dubious.|
|Substantial increase in appeal fees||From £80 to £490/person for paper hearings|
From £140 to £800/person for oral hearings
|Increasing powers to prevent “in-country” appeals||If you have to return to your country of origin to lodge an appeal, it defeats the object of seeking asylum!|
|Increase in charges for L2R||Reduction in period from 5 yr to 2 ½ yr; cost is £811|
|Introduction of £200 annual health levy (payable in advance) for people with L2R|
|Assisted Voluntary Return – removal of free confidential interview||HO cancelled contract with Refugee Action which provided this service|
|Removal of NASS support 28 days after grant of L2R||Repeatedly criticised by Select Committees. Asylum seekers have no ability to accumulate savings prior to L2R (cannot work, cannot have bank account) so this sends them directly to destitution|