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Statement re the National Audit Report published on July 19th, entitled ‘Returning failed asylum applicants’

Refugee Action understands the need for an efficient system of removal if, after a fair hearing, an asylum seeker does not qualify for protection in the UK under international law.

However, we are concerned that a faster removals policy must be coupled with far-reaching improvements in our decision-making system. At present, 19 per cent of cases that are initially refused and go to appeal are successful.

Furthermore recent legal aid cuts mean many asylum seekers are not able to access proper legal representation in the first instance and this is unacceptable. The credibility of the removal process is undermined if these conditions are not in place.

Those whose asylum applications are rejected are not entitled to work, nor to support unless they agree to return voluntarily to their country of origin. Many are too afraid to return and face destitution in the UK. It is wrong and detrimental to social cohesion to coerce asylum seekers to sign up to voluntary return in order to get basic food and shelter.

Refugee Action welcomes the report’s recommendation to better inform asylum seekers about voluntary-assisted return programmes. Refugee Action is working with IOM and others to publicise the programme. Refugee Action also provides an advice and information service to enable asylum seekers to make informed choices about voluntary return.

The report recommends that the Immigration and Nationality Directorate establish extensive and effective contacts with community groups to inform them about voluntary return. Refugee Action believes it is essential for refugee community groups to be involved in organising voluntary return programmes in order to build trust and for voluntary return programmes to have credibility.

Sandy Buchan, the chief executive of Refugee Action, said: “We are very concerned to see that the Home Office currently classes voluntary return programmes under its policy on forced removals. This only serves to alienate asylum seekers who then believe that they are being coerced into voluntary return instead of making a choice. We also urge the government to build in independent monitoring of people who do return, and to continue with recent developments in reintegration programmes to assist people to resettle in their country of origin.

“What is most important is that rejected asylum seekers get the right decision in the first place, and that no-one is returned to danger.”

Ends

Notes:

The Home Affairs Select Committee, reporting on the welfare of non-returnable asylum seekers in January 2004, stated: "It is absurd to refuse leave to remain to people who, for whatever reason, cannot be removed. We recommend that such people be granted a temporary status which will allow them to support themselves." Noting that since the phasing out of ELR in April 2003 the Home Office has granted temporary leave much more sparingly, the Committee also called for a Government investigation into “the numbers involved, the adequacy of existing support, the extent to which the voluntary sector is involved in providing support, and the feasibility and desirability of providing such people either with full NASS support or the right to work.”

Refugee Action provides specialist advice to refugees thinking about returning to their countries of origin through its Choices project. To find out more go to http://www.refugee-action.org.uk/ourwork/choices/default.aspx

July 2005

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