Working with people in the Tees Valley who are seeking asylum
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The Problems
Problems for People Seeking Asylum
The legal and welfare provisions which apply to people seeking asylum in Britain are complex. They are also evolving rapidly as government seeks to improve the quality and speed of decisions.
The difficulties which those who seek asylum experience in coming to terms with these provisions are heightened by cultural differences.
A summary of the present position
Law
On entering Britain, a person seeking asylum must register his or her asylum claim either at immigration control on the date of arrival or at one of three designated offices in Croydon, Solihull and Liverpool within 72 hours. The claim is then processed and a decision is normally taken within 18 weeks. 90% of asylum applications are initially rejected.
From the date of rejection, the asylum seeker then has 10 days in which to lodge an appeal. Appeal deliberations are necessarily lengthy and may take up to two years to complete. 75% of all appeals are rejected.
On losing the appeal, the asylum seeker will not necessarily have exhausted all the available legal options. He or she may:
- appeal once more to an Immigration Appeals Tribunal on a point of law. Such appeals are frequent.
- seek leave to introduce new evidence, either through a fresh application or through a review.
Following the rejection of the appeal, an applicant may receive a notice from the Home Office to return to his or her country of origin, though such notices seldom offer guidance on when and how this instruction is to be carried out. Alternatively, temporary leave to remain in Britain may be granted by the Home Office on grounds of ill health, pregnancy, the lack of a viable return route or other special circumstances.
With the Refugee Council and the North of England Refugee Service, we are concerned that the application of the New Asylum Model, which is designed to fast track applications, may lead to miscarriages of justice as applicants will have even less time to prepare their cases than at present.
Culture
Most people who seek asylum in Britain have no knowledge of British law. Many have no knowledge of the English language. Nevertheless, in order to comply with our law and its deadlines, people seeking asylum must either assimilate information at a considerable pace or receive the benefit of reliable and prompt advice. These requirements need to be met at the same time as applicants are starting a new life in unfamiliar surroundings.
One or both of the difficulties described above are experienced by the great majority of people seeking asylum. They are frequently accompanied by further cultural and evidential complications:
- A person seeking asylum may be ashamed of his or her past treatment and withhold supporting evidence of rape or other atrocities.
- He or she may fear officialdom and respond to questioning with panic responses which cannot subsequently be justified.
- People seeking asylum may be unable to obtain proof of their assertions from the country they have fled.
- They may have entrusted their application to an inadequate or unscrupulous adviser.
Welfare
All people seeking asylum require a minimum level of support from the State while their claims are being considered. This is a necessity, because no asylum claimant is permitted to earn money during the application or appeal process.
The system is strictly applied and hardship frequently results. It works as follows:
Once they have registered their claim for asylum, most applicants are dispersed to approved accommodation in Britain, frequently to the North East. Utility costs are met as part of this package. People seeking asylum are then supported by the National Asylum Support Service (NASS), with weekly payments for an individual over 25 of £40.22, equivalent to 70% of income support. This level of support continues throughout the period of the original application and any subsequent appeal.
Legal Aid is also provided for the applicant. A fixed payment is made to cover the original application, one appeal and any interpreter’s fees which may arise. These sums are claimed directly from the Home Office by the applicant’s legal adviser.
Pressures such as these place a special duty of care on charities which seek to secure fair consideration for applicants’ claims for asylum.
On rejection of an applicants appeal, all support normally stops. There are technical exceptions to the principle, but in practice most people seeking asylum are evicted from their accommodation at this point and monetary and legal aid entitlements are withdrawn.
The person seeking asylum is now homeless and penniless. Many disappear.