Refugees in the UK

There is a lot of confusion about refugees and asylum seekers in the

UK. So its a good idea to make sure you know who is who and what is
what.

Definitions
Refugee
A person who is forced to leave their country of origin and seek protection in another country because of
a well-founded fear of persecution for reasons of race, religion, nationality, membership of a
particular social group or political opinion.
The 1951 UN Convention on Refugees
Asylum Seeker
A person who has made an application for asylum and is waiting for the government to decide if they will
be recognised as a refugee.

The UK asylum system

How many people claim asylum in the UK?
19,894 people claimed asylum in the UK in 2011. There has been a 50% drop in asylum applications
since 2003. The highest numbers in 2011 came from Iran, Afghanistan, Pakistan, Zimbabwe, Sri Lanka.
The UK hosts less than 3% of the worlds refugees, over 80% of refugees are living in developing
countries, often in camps across the border from conflict areas e.g. Pakistan hosts millions of refugees
from the conflict in Afghanistan
Most people claiming asylum know very little about the UK system. They come because they have family
connections, can speak the language, or because of the UKs reputation as a safe country. Many others
pay agents to get them out and to safety and therefore did not choose to come to the UK.
What do asylum seekers get?
Depending on their financial situation, asylum seekers may be eligible for support from the Government
while their case is being considered, including:

Cash A single adult currently receives 36.62 per week for living expenses.
Housing Applicants cannot choose where to live and will be sent wherever housing is
available outside of London and the South East.
Education Children of asylum seekers have the same right to education as all other children
in the UK and must be in full-time education between the ages of five and 16. For further and
higher education, however, entitlements to financial support are restricted.
Healthcare Asylum seekers and their dependents receive free primary and secondary
healthcare from the NHS. However, it can be difficult to register with a GP due to confusion
amongst healthcare staff over who is eligible. A&E treatment is free to all. Refused asylum
seekers who are not receiving any support from UKBA are not eligible for free secondary
healthcare and will be charged.

Asylum seekers are not allowed to work except in some cases where the UKBA takes more than a year
to make an initial decision on a case and only in a very limited range of jobs.

The Asylum Process

How does someone become a refugee in the UK? Here are the basics of the process an asylum seeker
goes through when they seek protection.
Application process
All asylum claims are processed by the UK Border Agency, which is part of the Home Office. Asylum
seekers have permission to stay in the UK while their claim is being decided.
Asylum claims can be made to an immigration officer as soon as an asylum-seeker arrives in the UK.
Once a person has passed through immigration control and is inside the UK, they must claim asylum at
the offices of the UK Border Agency in Croydon (in south London).
Asylum applicants should find a lawyer to represent them as soon as possible to help them during the
asylum application process and they can apply for legal aid for this work. However, due to recent legal
aid cuts this is becoming increasingly difficult.
Each case is assigned a UKBA staff member who is known as the case owner and who oversees the
process.
Interviews
Asylum seekers go through a two-step interview process and must report regularly to the UKBA while
their claim is under consideration. The UKBA first conducts a screening interview to collect the
applicants personal details and check whether he or she has claimed asylum in the EU before.
Fingerprints, a photograph and other physical identification information are collected and the applicant is
given an application registration card.
At this stage some applicants are detained whilst their application is fast-tracked, with the aim of
completing the application in just over a week. This might be because they come from countries that the
Home Office thinks produce unfounded asylum claims, or they have already claimed asylum in another
safe country.
The remainder of applicants attend a more in-depth screening interview within a few weeks where they
are asked to describe why they fear persecution in their home country. Applicants do not always have
legal representation, though interviews are sometimes delayed to allow them to obtain legal advice.
How the UKBA decides
The UKBA case owner considers the evidence submitted by the applicant, information on the political
and human rights situation in the persons country of origin, previous legal decisions on asylum and the
applicants personal credibility.
If the claim is successful
If a refugee claim is successful, the claimant is granted refugee status for five years. After five years the
person will be able to apply for Indefinite Leave to Remain in the UK to stay permanently.
Once someone is granted protection, they have the right to work, receive benefits and be re-united with
their spouse and children (under 18). However, a child who is recognised as a refugee does not have the
right to be joined by his or her parents or siblings.
If the claim is refused
If the UKBA decides that an asylum seeker does not meet the criteria for refugee status, the person may
still be allowed to remain in the UK under a different status.

 Discretionary Leave (DL) can be granted for up to three years and can be extended if the
person cannot return home. Many people granted are uasc Discretionary Leave is typically
granted to children.
Humanitarian Protection (HP) can be granted for five years if removing them would breach the
rights outlined in the European Convention on Human Rights, for instance if they would be
tortured upon returning to their home country.
Those granted Discretionary Leave or Humanitarian Protection have the right to work, be reunited with
their immediate families and receive benefits.
Appealing a decision
Applicants whose cases are refused may have the right to appeal to the Asylum and Immigration
Tribunal, which is independent of the UKBA. Applicants are allowed to remain in the UK during the
appeals process.
Asylum seekers have only 10 days to make an appeal and they should be heard within two months of
the initial decision. Asylum seekers are only entitled to legal aid to pursue their appeal if it is judged to
have a 50% or higher chance of success.
It is also possible to make a second asylum claim (also known as a fresh claim) if new evidence comes
to light, or if the UKs asylum law has changed since the original case.
Voluntary return
If a claim is unsuccessful the person will be expected to voluntarily leave the UK. If they do not, they may
be forcibly removed.
Asylum seekers who agree to return to their home country may be eligible for assistance from Refugee
Action. Assistance can include help setting up a business, obtaining education or training, or getting a
job in their home country.
What happens when asylum claims are refused?
When all appeal rights have ended, refused asylum seekers are expected to leave the country and their
support is cut off after 21 days.
Many people remain in the UK because they are too scared to return or cannot return for reasons e.g.
there is no safe route into the country or they are too sick to travel.
Asylum seekers whose applications have been refused and had their support cut off can apply for a
basic support package known as hard case or Section 4 support if their circumstances meet the
narrow eligibility criteria. The support consists of accommodation and a subsistence allowance on a
payment card (Azure Card) that can only be used in specific supermarkets. In order to receive this
support most applicants must agree to return to their country of origin as soon as they are able. This
means many people do not apply for it as they are too afraid to be returned.
Detention and removal
The UKBA may detain an asylum seeker at any time during the asylum process. There are 13 detention
(immigration removal) centres around the country.
If an asylum seekers application and appeals have been denied and they have not voluntarily left the
UK, the Home Office will inform them in writing that they intend to remove them. Thereafter the Home
Office may detain refused asylum seekers and their families without warning until their removal can be
arranged.

Problems with the UK asylum system

There are many problems with the UK asylum system, such as:
The initial decision on whether to grant someone asylum is made very quickly and often without
sufficient evidence. As a result UKBA often get it wrong with many of their negative decisions being
overturned on appeal (26% of appeals were successful in 2011)
Almost all asylum seekers are prohibited from working, they are not able to choose where they live
and struggle to access further and higher education. This makes it incredibly difficult for people to
rebuild their lives and plan for the future
The speed of the asylum process, particularly for people in the detained fast track means that there
is often not enough time to give or collect the evidence needed to support the claim.
It very difficult for asylum seekers to find and keep a solicitor to assist with their claim
The system of dispersing asylum seekers across the country means they can become cut off from the
communities and support they need to help rebuild their lives
Most asylum seekers receive support of just over 5 per day, far below what is required to meet
essential living needs
Refused asylum seekers, who do not qualify for section 4 are left completely destitute. They are not
able to access any kind of government support, yet are still not allowed to work and have no access
to free secondary healthcare. To find out more and to take action to end the destitution of refused
asylum seekers go to http://stillhumanstillhere.wordpress.com/

For more information

To find out more about all of these issues go to the STAR website (http://www.starnetwork.org.uk/index.php/refugees/who_is_a_refugee) where you can find lots of information and links to
useful websites and reports.