The Asylum Process

Refugees & Asylum Seekers

Refugees

The 1951 UN Convention on Refugees established the moral and legal duty of signatories to protect individuals who have fled persecution because of their race, religion, nationality or membership of a particular social or political group. The Convention defines a refugee as a person who:

“owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…” —Article 1, The 1951 Convention Relating to the Status of Refugees

The UK ratified the UN Convention on Refugees in 1954. In legal terms, a person is recognised as a refugee only when their claim for asylum has been accepted by the Home Office, which has primary responsibility for the asylum and immigration system in the UK. For more details on the 1951 Convention, please visit the UNHCR website:
www.unhcr.org.uk

Asylum Seekers

This category of people refers to individuals who are awaiting judgement on their claim for asylum. Any foreign national can claim asylum in the UK by informing the Border & Immigration Agency (BIA) that they are fleeing persecution on grounds detailed in the 1951 UN Convention. While an asylum seeker’s claim is being considered, he or she is entitled to the full protection of the law. More details are available on the BIA website:
www.ind.homeoffice.gov.uk/applying/asylumapplications

The Asylum Process in the UK

The Journey to the UK

Asylum seekers come to the UK by a variety of routes. Some arrive by conventional means, others are smuggled over the border. Often, the journey undertaken to get to the UK will have been difficult and dangerous. Families are sometimes broken apart en route; others are subjected to cramped and insecure transportation; others again will have been raped or abused.

Making an asylum application

Asylum seekers can make their application at their port of entry to the UK or after entry by presenting in person to one of three Asylum Screening Units (situated in Croydon, Solihull and Liverpool). Upon making a claim, BIA will arrange for a screening interview. For applicants who make a claim in Scotland, the screening interview will take place either in Glasgow (for families with dependent children aged under 18, unaccompanied children and adults with special needs) or Liverpool (for single adults or couples without dependent children). The screening interview is undertaken in order to establish the applicant’s identity and nationality. At this stage, all of the applicant’s official documents are surveyed and fingerprints are taken to guard against fraud and multiple applications. All claimants will be issued with an Application Registration Card (ARC), containing their personal details. This card will later be used to collect financial support if this is required.

Initial Accommodation

Once asylum seekers make their initial claim, and if they are unable to support themselves, they will be provided with initial accommodation and are asked to partake in an induction process. The Initial Accommodation Network provides initial accommodation and induction services at the start of the UK asylum process and focuses on managing the entry and dispersal of asylum applicants. The Initial Accommodation network consists of six sites across the UK, all of which provide the following services:

Meeting the initial accommodation and living needs of asylum applicants;
Providing information briefings on applicants’ rights and responsibilities while in the UK; and
Supporting the applicant’s move to longer term accommodation.

The induction process normally takes between seven and fourteen days to complete but complex cases may take longer. During this time, claimants are assisted to make an application to BIA Asylum Support for financial support and longer term accommodation.

The Scottish Induction Service was established in May 2005. This consists of 140 bed spaces provided by YMCA at their Glasgow Petershill site. In addition, the Scottish Refugee Council provides information briefings on claimants’ rights and responsibilities and assumes responsibility for ensuring support arrangements are established. It should be noted that some asylum seekers will not be placed in initial accommodation. This includes unaccompanied asylum-seeking children; those with clear and urgent care needs and any applicants subject to detention. Applicants who opt to live with friends and family and receive financial support only do not go through the briefing process.

Dispersal

Following the induction process, and once BIA have approved a claimant’s application for support, asylum seekers may be dispersed to one of a number of destinations across the UK. The dispersal policy was introduced to alleviate pressure on the South East of England, which previously bore a disproportionate share of responsibility for asylum applicants. Accommodation is offered on a no-choice basis and is provided by various Home Office partners. Glasgow is currently the only local authority in Scotland that accommodates dispersed asylum seekers, although there are a number of asylum seekers living with friends or relatives in other parts of Scotland. The Home Office accommodation contract specifies that 81% of asylum seekers will be accommodated by Glasgow City Council (in partnership with Glasgow Housing Association), with the remaining 19% being shared between YMCA (a voluntary sector provider) and the Angel Group (a private sector provider). All accommodation providers work to consistent rules and standards of service, as defined by the Immigration and Nationality Directorate. These standards are applicable across the UK. A variety of other services are available to asylum seekers, including access to health care, free prescriptions, eye checks and dental care. There are currently around 5000 asylum seekers living in Glasgow, which is less than 1% of the city’s total population.

The Asylum Claim

Asylum seekers present a variety of evidence in support of their claim and are assisted by legal representatives and interpreters throughout this process. The procedure for judging the veracity of a claim is complex and draws on evidence such as human rights reports from an applicant’s country of origin, medical reports, language tests, and details of the applicant’s travel to the UK. If a decision goes against an asylum seeker, he or she will have the right to appeal. Appeals are heard by the Asylum and Immigration Tribunal; judicial oversight of the Tribunal’s determinations can only be requested where a judgement is contested on a point of law. Only a small proportion of asylum claims are granted: the latest statistics can be found on the webpage of the Immigration and Nationality Directorate. The Government is in the process of implementing a New Asylum Model which it hopes will make the decision making process quicker and more robust. Individual case workers will be responsible for the processing of claims, from application through to integration or removal. An overview of the process is outlined in the schematic below:

The Asylum Process

Negative Decision

It is expected that anyone who has received a negative decision (and therefore has had their temporary access to the UK revoked) should take steps to leave the UK. If appeal rights have been exhausted, single or childless applicants will no longer be entitled to government support and will be removed from the country if they do not leave voluntarily. In some circumstances it is possible for a person in this situation to apply for Section 4 support, which is provided to persons who are making arrangements to leave, or who are unable to return home at that time. Those with dependent children aged under 18 will currently continue to be supported by the government until such time as they leave the country.

Positive Decision

Once an asylum claim has been settled, the applicant will either be given leave to remain or will be expected to leave. For those who receive a positive decision, one of the following options will be conferred:

Status Conferred	Description
Refugee Status	A person who is recognised as a refugee is judged by the Home Office to have fled persecution on grounds detailed in the 1951 UN Refugee Convention. In the UK, refugees are allowed to work, access the mainstream welfare system and apply for family reunion. Refugee status used to allow for permanent settlement but now allows leave to remain for five years. If it is still unsafe for a refugee to return home after five years, he or she will be entitled to apply for indefinite leave to remain.
Indefinite Leave to Remain (ILR)	ILR can be granted for a number of reasons, but is rarely given as an initial decision in asylum cases. It entitles recipients to remain and work indefinitely in the UK.
Humanitarian Protection (HP)	This is awarded to people who have been refused refugee status but who cannot return to their home country because they would face serious risk to life or person, or suffer inhuman or degrading treatment or punishment.
Discretionary Leave	Discretionary Leave is sometimes awarded to people who have not qualified for refugee status or humanitarian protection. This form of leave is rarely conferred and tends to be applied to unaccompanied asylum seeking children on a time-limited basis.

Rights and Entitlements – Asylum Seekers

Health

A person who has formally applied for asylum in the UK is entitled to NHS treatment (both Primary and Secondary care) without charge as long as their application (including appeals) is under consideration. In common with those normally resident, they will have to pay certain statutory NHS charges, unless they qualify for exemption, and will have to go on NHS waiting lists. Most asylum seekers may qualify for:

Free NHS prescriptions
Free NHS dental treatment
Free NHS sight tests
The full value of an NHS optical voucher towards the cost of glasses or contact lenses

Accommodation & Support

BIA funded accommodation providers offer support to all newly arrived, destitute asylum seekers. Financial support is currently provided at around 70% of Income Support levels. Cash payments are made via a smart card (ARC) system and obtainable from a Post Office. People opting for the subsistence only option receive cash with no other assistance offered towards rent or other costs.

If an asylum seeker has applied for accommodation as well as support, this is offered on a no-choice basis. BIA undertakes to consider a person’s physical needs but not their preference for a particular area. Termination of support can be appealed to the Asylum Support Adjudicators but there is a tight deadline for this and assistance is denied in the interim period.

Where accommodation is provided, essential furniture items only are supplied, including linen and cooking utensils. Utilities and Council Tax are paid centrally by the Home Office. School age children are entitled to free school meals and clothing grant. Additional support is offered to applicants expecting a child in the form of milk tokens and a maternity grant.

Children’s Education

Asylum seeker children aged between 5 to 16 are entitled to free statutory school education. Although there is no statutory funding for children of pre-school age, Glasgow City Council will allocate nursery spaces to children when a space becomes available and where no additional resources are required.

Adult Education

Asylum seekers can take ESOL classes for up to 16 hours per week and undertake other part-time courses at the discretion of a further education college. In these circumstances, asylum seekers are eligible for fee waiver and some help may be available towards travel costs and books required for course.
Employment

Since 23rd July 2002, asylum seekers have not been allowed to apply for permission to work and undertake paid employment. Asylum seekers are allowed to volunteer and undertake work shadowing.
Rights and Entitlements – Refugees

Housing & Social Security

On being granted leave to remain, a refugee has the same housing and social security entitlements as a UK citizen.
Health

Refugees have the same rights as any UK national to health care (both Primary and Secondary). If a refugee has any difficulty registering with a GP, they should contact their local Primary Care Trust (PCT) who will be able to provide a list of doctors to whom they can apply.
Children’s Education

Refugee children have the same rights as Scottish children and are entitled to free statutory education between ages of 5 to 16.

Adult Education – Part time study

Refugees can study NC or NO, Access courses, Scottish Highers and HNC/HND at FE Colleges up to 16 hours per week free of charge if in receipt of benefits such as JSA or Income Support.

Adult Education – Full-time study

Refugees can study full-time at college or university and may be eligible for bursaries, student loan, discretionary hardship and childcare funds provided residency conditions are met.

Employment

Refugees have an automatic right to work. People in these categories do not require the permission of the Secretary of state in order to seek employment.

Interpreting & Translation

Good practice dictates that refugees and asylum seekers have a right to request an interpreter when accessing key services. Likewise, agencies should ensure that as much written information as possible is translated into the appropriate languages.

Rights and Entitlements – Refused Asylum Seekers

General

The rights and entitlements of refused asylum seekers are limited and subject to constant review under new legislation and policy. Whether an asylum seeker has fully exhausted all of their legal options or not can be unclear. In all cases, agencies should refer the client in the first instance to their lawyer to check that no further progress can be made in their case.

Accommodation & Support

Single asylum seekers or couples without children who have exhausted all appeal rights will no longer be eligible for mainstream BIA support. Subsistence support will be stopped and the accommodation provider will seek to evict them from their property.

One option that may be available at this stage is called Section 4 support. It consists of full board accommodation and is subject to the client meeting one of the following criteria:

They are taking all reasonable steps to leave the UK – either by arranging their own travel and acquiring the necessary documents from a relevant embassy, or by applying to the Voluntary Assisted Return and Reintegration Programme, through the International Organisation for Migration.
They have a physical impediment to travel and hence cannot apply to return voluntarily. This can include women who are in the late stages of pregnancy.
There is no safe route of return available, as determined by the Home Secretary. The list of countries where there is no safe route of return is always subject to review.
The applicant has lodged a Judicial Review relating to a decision made on his/her asylum case and is awaiting the outcome.
The denial of support to the applicant would breach their human rights under Article 3 of the ECHR.

Asylum seeking families where at least one dependant is under 18 do not have their support cut even at the end of the asylum process (despite Section 9 of the Nationality, Asylum and Immigration Act 2004, stipulating that families who do not co-operate with removal procedures could be evicted and lose their entitlements to support).

Education

Under the Children Scotland Act, any person aged under 16 retains a legal right to full-time education regardless of their status.