Voluntary returns
43. If a claim is refused, and any subsequent appeal
lost, it is open to failed asylum seekers to return voluntarily
to their source countries, rather than being subject to forcible
return by the Immigration Service. Since 1999, the Home Office
has funded the voluntary assisted returns programme run by the
International Organisation for Migration, an intergovernmental
body. According to the Home Office, "voluntary returns are
inherently preferable to enforced returns" and "a vital
component of [the Government's] returns policy".[46]
44. The voluntary return programme is open to those
with pending or failed asylum claims, and those granted exceptional
leave to remain. (Exceptional leave to remain is permission to
remain which is granted outside the criteria for leave defined
in the Immigration Rules, that is, on an exceptional basis.) Until
March 2002, the programme provided basic assistance only, in the
form of advice and information, predeparture, transit and
postarrival assistance. Since that date, the package has
also included reintegration assistance, in the form of "activity
that benefits the returnees, but also, where viable, supports
activities that benefit the overall community where returnees
settle".[47] The
International Organisation for Migration gave us the following
example:
in the case of a family with dependent children,
the reintegration component will aim to identify local employment
or training courses for the parents (i.e. setting up small
businesses, computing, tailoring or accounting courses) while
for children, the programme will explore the possibility of supporting
educational needs, and/or providing learning materials or teacher
training support to the schools that the children will attend.[48]
45. During 2002 a total of 1,196 individuals of various
nationalities returned to their countries assisted by this programme,
and we were told that since the introduction of the reintegration
element, the number of individuals applying for reintegration
assistance has "increased significantly on a daily basis".[49]
In July 2002 an evaluation of the programme carried out by Deloitte
and Touche for the Home Office pronounced it "significantly
cheaper" than enforced removals and able to return people
to a greater number of countries, and recommended that the programme
be expanded.[50] The
Home Office told us that the specific costing comparison was not
available.
46. The International Organisation for Migration
told us that the programme allows for "orderly and dignified"
returns and that "the feedback received by NGOs in the UK
and potential returnees about the reintegration component of the
[Voluntary Assisted Returns and Reintegration Programme] has been
extremely positive". The Organisation told us that:
Research [ ... ] has demonstrated that sustainable
return is significant in measuring the success of return programmes,
in stemming irregular migration, and discouraging smuggling practices,
along with safeguarding the integrity of legal and admission systems.
Sustainable return is achieved when returnees are able to reintegrate
in the community of return, often through a productive role as
a member of the community, without immediate cause to leave again.[51]
47. We understand that the programme has not been
made available to detainees in Removal Centres. The representatives
of the private companies contracted to run Removal Centres for
the Immigration Service told us that the voluntary return option
"is not a process that we are involved with in any shape
or form".[52] The
Minister of State told us that more could and should be done by
the Home Office to promote the voluntary return schemes, saying
that "we do not do as much as we could in terms of maximising
the potential of voluntary departure". She referred to the
practice in Canada, where the possibility of voluntary return,
in the event of a failed claim, is raised with asylum seekers
much earlier in the legal process than it is here, and discussed
with individuals face to face.[53]
In regard to detainees, the Minister conceded that "in terms
of voluntary returns [ ... ] we can do much more in the removal
centres".[54]
48. We recommend that the Voluntary Assisted Returns
Programme is opened up to detainees in Removal Centres, advertised
in the Centres and otherwise brought to the attention of detainees.
We further recommend that the Immigration Service advises asylum
seekers of the option of voluntary return from the beginning of
the asylum process.
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