ASAP's New Report: "Unreasonably Destitute?"
Wednesday, 23 July 2008
The latest report by Asylum Support Appeals Project shows that some categories of refused asylum seekers are forced into destitution through no fault of their own, because UKBA is enforcing unreasonable and impractical eligibility criteria for section 4 support. Click here to download the report.
The report, ‘Unreasonably Destitute’, investigates the effect of one of the most demanding Section 4* eligibility criteria, Regulation 3(2)(a)**, which requires applicants to prove they have taken ‘all reasonable steps to leave the UK’. The report examines the difficulties individuals face while attempting to meet this criterion and demonstrates how they remain unable to meet it, in some cases for years, despite their best efforts. The report also makes recommendations which will make the provision of Section 4 support more reasonable.
One case highlighted in the report concerns a stateless man who attempted to leave the UK for over 2 years. He had lived in both Iran and Kuwait but had no right to return to either country. His efforts to leave the UK included making three applications to the International Organisation for Migration for assistance to return voluntarily, alongside several visits the Iranian and Kuwaiti embassies to try and apply for a passport. He also asked the Immigration Services for assistance to leave the UK. All of his attempts were unsuccessful as he could not obtain a travel document. Despite these well documented difficulties, UKBA were attempting to remove his Section 4 support on the grounds that he was not doing enough to leave the UK.
Sue Willman, Chair of ASAP and partner at Pierce Glynn Solicitors said ‘‘This report highlights ASAP’s growing concern for the large number of former asylum-seekers who are refused access to food, shelter or the right to work, even though they cannot leave the UK through no fault of their own. The Home Office has just announced plans to tighten up the rules, which will force even more people into inhumane destitution.”
ASAP represented 246 people at the Asylum Support Tribunal in 2007, and over 90% of its work relates to Section 4 support. This report is based on evidence from appellants defended by ASAP at the Asylum Support Tribunal.
Click here to download 'Unreasonably Destitute'. More information and hard copies of the report can be obtained by contacting Gerry Hickey at ASAP at This e-mail address is being protected from spambots, you need JavaScript enabled to view it or calling 020 8686 1888.
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Notes:
* Section 4, Immigration and Asylum Act 1999. Section 4 allows for the provision of support for former asylum seekers in the form of accommodation and vouchers with no cash support
** Regulation 3(2)(a), The Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005