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The withdrawal of asylum support for in-country applicants

July 2003 - Joint statement

The Refugee Council, Oxfam, Shelter, Liberty, Crisis, JCWI, Refugee Action, Refugee Legal Centre, ILPA and Migrant Helpline are some of the leading organisations in the human rights, humanitarian, refugee and homelessness sectors.

We each offer a different perspective on the issue of the UK’s asylum support system but share a common vision of a fair and efficient domestic asylum support system. One which respects the dignity and rights of people seeking asylum in this country and fulfils the UK’s commitments and obligations under the 1951 Convention and international human rights conventions.

We issued a joint statement in January of this year to express our deep concern with the Government’s decision to implement section 55 of the Nationality, Immigration and Asylum Act. The Act deprived the majority of in-country asylum applicants, who could not prove they had claimed asylum ‘ as soon as reasonably practicable’, of the right to food and shelter from 8 January 2003.

We have come together again, because those people, whose cases were on hold, following the recent court case have been receiving decisions on their application for NASS support. The emerging evidence indicates that the majority of these applicants are likely to be refused support.

We also ask the Government to explain how it is honouring the recent Court of Appeal’s judgement, which ruled that the government’s previous implementation of section 55 was unlawful.

Issues of Principle

We again ask the Government to explain how a policy, which could leave many people impoverished and homeless, can be justified. In a civilised society, it is simply unacceptable that any group of human beings should be prohibited from working and denied access to any state support by force of law. The United Kingdom is one of the richest countries in the world. We do not force convicted criminals into destitution and starvation. There is no excuse for employing such a tactic against people whose asylum claims have yet to be decided.

Section 55 Decision – Making and Implementation

We also have serious concerns about the decision making process in general, and the interpretation of how soon after arrival it may be ‘reasonably practicable’ for an asylum seeker to make their asylum claim. We have no evidence that decisions are being made in a fair or consistent manner. This process offers no right of appeal, so there are few safeguards for vulnerable applicants who may have experienced torture and persecution.

When the legislation was going through Parliament, the Government clearly stated that Section 55 would be carefully targeted and was a necessary measure to deal with ‘unfounded claims’.

MPs were assured that this policy would not target those asylum seekers who make a claim within a short time of arrival. However, we have seen applicants who have applied within 24 hours of arrival to the UK receive negative decisions. We believe that many applicants with valid reasons for not applying for asylum at the port of entry are being – and will continue to be - denied support.

Provision for those denied support

As we said in our previous statement, we are not able to provide accommodation, food and essential provisions to people left destitute by section 55.

Some of our organisations can provide advice, others some basic items such as blankets but the help we can offer is limited and wholly inadequate for the needs of asylum seekers left on the streets without food or provisions. The Government seems to assume that charitable or voluntary organisations will be able to provide food, accommodation and essential items to those made destitute. However we do not know of other agencies that would be in a position to provide such comprehensive support. If the Government knows of agencies that can house, feed and provide basic support to destitute asylum seekers, we would be grateful to be told where and who they are.

Impact of Section 55

In our view the restrictive interpretation of Section 55 is causing homelessness and threatens to force many asylum seekers onto the streets, undermining Government strategies tackling rough sleepers, promoting social cohesion and reducing exclusion. Others will be forced to stay with friends and relatives in the refugee community, causing overcrowding and undermining the Government’s dispersal policy.

These measures will also have the effect of creating delay and confusion within the existing asylum system. If asylum seekers are left homeless as a result of section 55, how will the Home Office contact applicants to process their claims? This is a counter productive and retrograde measure, which we believe, undermines the whole asylum process.

We also have evidence to indicate that applicants with special needs are not being recognised and that local authorities are not fully meeting their responsibilities to provide support for those applicants with needs over and above those arising from destitution.

It is difficult to countenance the UK government finding it acceptable to leave people with legal status awaiting the results of their asylum claim, without food or shelter. In particular we wish to have assurances that pregnant women and those with special needs will be provided with adequate support.

Section 55 is punishing people pursuing their legitimate claim to asylum. This was never the stated intention of this Act. We call on the Government to stop this measure, which threatens to put some of the most vulnerable people in society on the streets of Britain.

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