LASSN volunteer training – the asylum journey April 2016

LASSN volunteer training – The Asylum JourneyAPRIL 2016

Leeds Asylum Seekers’ Support Network

Introductions

◦ Your name◦ What you are volunteering for◦ How did you hear about LASSN?


Outcomes

By the end of this session we hope you will◦Understand the differences between a refugee, an asylum seeker, and other migrants◦Understand why people seek asylum◦Have an overview of the UK asylum system◦Have had chance to ask questions and broaden your understanding


Housekeeping & Groundrules


Where does LASSN fit with other agencies in Leeds?


What do the media say about asylum seekers & refugees?

◦ Talk to your neighbour for 2 minutes about the way asylum seekers and refugees are talked about in the UK media


What does LASSN say about asylum seekers & refugees?

◦ Many people are misinformed about issues around asylum and refuge

◦ When people know more about the reality of seeking refuge or asylum they are often

◦ Generous◦ Supportive◦ Sympathetic


What do the tabloids say about asylum seekers & refugees?

◦ Talk to your neighbour for 2 minutes about the popular perception of asylum in the UK


Who is a refugee?

A refugee is a person who has fled their country due to a well founded fear of persecution for reasons of◦Race◦Religion◦Nationality◦Membership of a particular social group◦Or political opinionand cannot rely on the protection of that Country

Article 1 The 1951 Convention Relating to the status of Refugees


Who is an asylum seeker?

◦ Someone who has fled their own country, arrived in another, and has asked for the protection of that Country, due to a well founded fear of persecution.

◦ “Asylum Seeker” is the legal term for someone who is asking for protection, but whose right to protection has not yet been established.

◦ “Claiming Asylum” describes the legal process of asking for protection.


Turn to your booklet page 1

◦ Please just look at the first page, and don’t turn over… (yet)

◦ Have a think about the kinds of experiences your person may have experienced that has forced them to flee

◦ Write down your thoughts


Where do refugees come from?


Exercise: preparing to go

You have decided you need to flee your country. Which items do you take with you? You can only choose 5.


Exercise: taking a journey

The Syrian Journey: choose your own escape route


http://www.bbc.co.uk/news/world-middle-east-32057601

http://www.bbc.co.uk/news/world-middle-east-32057601

Where do refugees go?




Migration into the UK (2015)


Asylum applications to the UK


Definitions Asylum Seeker – fleeing persecution and has arrived in another country to claim asylum.

Refused asylum seeker – asylum claim refused (many variations).

Refugee – asylum claim successful, given the right to remain in the country, work etc.

Economic Migrant – has ‘chosen’ to travel to another country to take up or seek employment.


What are the chances of success?


And what if you appeal?


The Asylum Process


1. Application for Asylum

2. Basic Screening interview

3. Home Office Case owner assigned

4. Moved to Initial Accommodation

5. Substantive interview at Home office

or

7. Decision on claim (target = 30 days)

8a. Claim accepted, 5 years Leave to Remain

8b. Claim refused, 28 days to lodge an appeal

6a. Dispersed 6b. Detained

Eligible for legal aid funded advice

(but solicitor not funded to attend

interview)

Eligible for Section 95 support – housing, utilities and weekly

cash. Must sign at Home Office regularly.

Asylum SupportHome Office ‘Section 95’ supportoaccommodation (bills included)oweekly cash support - £36.95 for each person in the household (reduced August 2015)Home Office ‘Section 4’ support ofor refused asylum seekers (“vulnerable” or unable to return)o£35.39 per person on a payment cardLocal authority supports ‘unaccompanied minors’




Detention

All asylum seeking adults and families are “Liable to be detained”

No statutory limit to length of immigration detention. The decision to detain is made by an immigration officer or a Home Office case owner, it is not automatically subject to independent review at any stage.

The coalition government committed to ending the detention of children.


Appeals process

Application is refused

Appeal (within 10 days)Appeal refusedJudicial review


Limbo Deportation/ Voluntary Return

Refugee Status/ leave to remain



Further information

o Section 4 – for those at the end of the legal process or Judicial Review or Fresh Claim submitted. Illness, pregnancy or young children. Housing plus limited financial support.o Destitution – Can happen at any stage, but most likely at end of legal process. Support from friends, family, charities.o Healthcare – Asylum seekers get free primary health care (GP, Family planning), hospital and secondary services are chargeable. Refugees same as UK residents. o Legal advice – solicitors (paid and Legal Aid), charities, advisors.


Section 4 Support

Housing, utilities and (less) weekly cash on an ‘Azure card’

1.Taking all reasonable steps to leave the UK

2.Unable to leave the UK - medical reason

3.Unable to leave the UK - is no viable route of return

4.Have made an application for judicial review.

5.Require support in order to avoid a breach of a person’s rights under the European Convention on Human Rights, e.g. submitted a fresh claim


Destitution When does this happen?

◦Refugees if bad transition between systems◦Refused asylum seekers◦Stateless people – no country will accept them

UK Government policy seems to encourage destitution – creating “an extremely hostile environment”

Can take the form of:◦Street homelessness◦‘Sofa surfing’◦Charity housing


Access to healthcareRefugee - all health care, same as any other resident.

Asylum seekers, refused asylum seekers appealing/on section 4, trafficked people

◦ Free GP primary care (inc. mental health), free hospital treatment◦ Free prescriptions

Refused Asylum Seeker◦ treatment already underway is completed free of charge◦ free prescriptions

Free services to all◦ A&E, Family planning, treatment for certain communicable diseases, (TB,

Measles), Treatment for STIs; HIV/AIDS treatment; compulsory mental health treatment


Legal Advice

Asylum seekers are entitled to FREE legal representation from:

◦A solicitor, or◦An adviser who is Office of the Immigration Services Commissioner (OISC) registered (usually through a charity).

BUT Legal Aid is now very limited.Do NOT give legal advice if you are not OISC registered, it’s illegal.


Any Questions?

See also the lassn.org.uk/qa


Useful sources of information

unhcr.org - Global refugeecouncil.org.uk - National migrationobservatory.ox.ac.uk – National/Regional www.migrationyorkshire.org.uk - Regional/Local lassn.org.uk


http://www.refugeecouncil.org.uk/

http://www.refugeecouncil.org.uk/

http://www.migrationobservatory.ox.ac.uk/

http://www.lassn.org.uk/

http://www.lassn.org.uk/

LASSN volunteer training – the asylum journey April 2016

Government & Nonprofit