The Asylum Journey - updated September 15

LASSN Volunteer Training

WELCOME

Introductions•Name•What you are volunteering for•Why did you get involved?

Housekeeping and ground rules

What do people in the UK believe about refugees and asylum seekers?

What does LASSN believe?• People are misinformed• Informed people are often

• sympathetic• supportive• generous

Definition of a refugee • A refugee is a person who has fled due to a well-founded fear of persecution for

reasons of • race• religion• nationality• membership of a particular social group• or political opinion

Article 1, The 1951 Convention Relating to the Status of Refugees

Definition of an asylum seekerSomeone who has fled their own country, arrived at another and claimed asylum due to a well founded fear of persecution.

Where do refugees come from? 2014http://www.unhcr.org/5423f9699.html

Where do refugees go? 2014

Migration in the UK – year ending June 2014ons.gov.uk

UK population = 64.6 million

asylum seekersapprox. 25,000

Arrivals into the UK

624,000

Departures from the UK

327,000

Net migration298,000

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.

How many people do you think claim asylum in the UK each year?

• Around 5,000 • Around 25,000 • Around 100,000 • Around 200,000 • More than 500,000

Asylum applications to the UK

-

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Asylum in the UK year ending June 15

Source: Migration Yorkshire

25,771New claims for

Asylum in the UK

Less than 50%

Granted leave to remain in the UK•30% at initial decision

Refugees through resettlement programmes

A few hundred

Application for asylum

Basic ‘screening’ interview(photographed, fingerprinted)

Home Office case owner assigned

Substantive interview at Home Office

Eligible for legal aid funded advice

(but solicitor not funded to attend interview)

Moved to initial accommodation

Dispersed

Decision on claim(UKBA target = within 30 days)

Claim accepted, 5 years Leave to Remain

granted.

Claim refused, apply for appeal within 14 days.

Eligible for Section 95 support – housing, utilities

and weekly cash. Must sign at Home Office regularly.

detained

Asylum Support•Home Office ‘Section 95’ support

•accommodation (bills included)•weekly cash support - £36.95 for each person in

the household (reduced August 2015)

•Home Office ‘Section 4’ support • for refused asylum seekers (vulnerable/unable

to return)• £35.39 per person on a payment card

• Local authority supports ‘unaccompanied minors’

DetentionAll 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.

Claim refused

Refugee status/Leave to Remain

Appeal (within 10 days)

Appeal refused

Judicial review etc.

Deportation/ voluntary returnLimbo

Fresh claim/further submissions

Further informationSection 4 – for those at the end of the legal system OR Judicial Review or Fresh Claim submitted. Illness, pregnancy or young children. Housing plus limited financial support.

Destitution - Can happen at any stage of the process due to Home Office error, but most likely at end of legal process. Support from friends, family, charity, religious organisations.

Healthcare – A&E, family planning and treatment for certain conditions free to ALL. Asylum seekers get free primary healthcare. Refugees same as residents.

Legal advice – solicitors (paid and Legal Aid), charities, advisors.

Section 4 supportHousing, utilities and (less) weekly cash on an ‘Azure card’

1. Taking all reasonable steps to leave the UK2. Unable to leave the UK - medical reason3. 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• Refugees if bad transition between systems• Refused asylum seekers• Stateless people – no country will accept them• UK Government policy seems to encourage

destitution?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 and NHS hospital treatment – primary care (inc. mental health)• free prescriptions

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

Free services to all• Accident and emergency• Family planning• Treatment for certain conditions (TB, Measles)• Treatment for STIs • HIV/AIDS treatment• Mental health treatment under court order

Legal AdviceAsylum 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