Select Committee on Constitutional Affairs Written Evidence



Evidence submitted by The Revd Anne Hollinghurst, Cathedral Chaplain & Chaplain to the University of Derby and The Revd Canon David Truby, Canon Pastor of Derby Cathedral (AIA 29)

  We are writing to you in your capacity as Chairman of the Select Committee on the Lord Chancellor's Department, in regards to the conduct of court hearings for asylum seekers. We understand that you have already been involved with some correspondence in connection with Iranian asylum seekers linked with Newcastle Cathedral. At Derby Cathedral we also have a number of asylum seekers and refugees who have made their home with us, and following on from a conversation with the Very Revd Nicholas Coulton, until recently Dean of Newcastle, we felt that we should also like to share something of our experience in connection with the Home Office and current appeal system.

  In our respective roles of Cathedral/University Chaplain and Canon Pastor, we have both been involved with asylum seekers from Iran and elsewhere, who have wished to explore and then be baptised into the Christian faith. We have every reason to believe that these cases have been ones of genuine desire to follow the Christian faith, and their on-going and committed participation in the life of the Cathedral testifies to this.

  Some of this group have now had permission to stay in this country, but some of our experiences of supporting them and attending court with them have not been helpful and we are deeply concerned at the lack of understanding and prejudice revealed on the part of the Home Office in dealing with their cases. There seems to be an automatic assumption that a conversion to the Christian faith can only be a political tactic to strengthen a case for staying in this country. Whilst a healthy suspicion has an understandable and rightful part to play in any process of discernment and decision in regards to a particular case, if the non-genuiness of a conversion is assumed from the outset, then there will be a tendency for any hearing to be prejudiced and unjust. Indeed, in a case that I as Chaplain was involved with, the original letter the appellant received from the Home Office tuming down his initial request for asylum was extremely rude, aggressive and dismissive of his claim to Christian faith as nothing more than a ploy. Not only did the Home Office have no basis at all for this assertion, but it was an affront to myself and my colleague who had prepared him for baptism and to the credibility of our judgement.

  Between us we have attended hearings in both Nottingham and Birmingham, and have similar experiences to report. Some of the key points we would like to make are as follows:

    —  The nature of some of the questions put to us by representatives of the Home Office revealed an ignorance in matters of faith and a serious lack of research. It was suggested for example that my appellant would not be in danger if he went back to Iran because he did not attend an evangelical church but the Cathedral. The assumption was that only those from "evangelical churches" would feel they had to talk about their faith in proselytising; an Anglican presumably could happily keep quiet!

    —  Underlying this attitude seems to be a secular mindset and assumption that faith is simply a private affair—like some interest/hobby which an individual chooses to indulge The Christian faith is on the contrary about a whole way of life and about living that faith out publicly and in public membership of the church. Whilst deliberately inviting persecution is not part of the faith's teaching, it is unreasonable to expect a practising Christian not to own his/her faith in the interests of personal safety if confronted.

    —  What appears to be a prejudiced secular mindset was also revealed by questions that clearly could not comprehend why someone should want to convert to the Christian faith, other than for political ends. I found myself in the interesting position of being asked in court to explain why someone should be attracted to the faith and what it meant to be a Christian. Whilst in some ways I quite relished this opportunity (!), I certainly became aware of why our country needs the recent equal opportunities legislation that calls for respect for people of all faiths—including those who are Christians.

    —  A further lack of understanding of the background cultures of the asylum seekers themselves was revealed. For those from countries such as Iran, belief in God in some way is simply assumed and for many it would be unthinkable not to have belief. It is not so strange therefore for some to decide to explore what the faith of the churches here is all about. City-centre Cathedrals especially are obvious places to go to begin this exploration and have been prepared to meet this new challenge, often at great cost. Thus, combined with the sense of dislocation and loss that many asylum seekers feel, and the need for comfort and friendship, it is not at all surprising that they are drawn to the churches as to some of the few places where they are warmly welcomed. It is also not surprising that those who have experienced a harsh, fundamentalist Islamic regime should find the teaching and person of Christ deeply attractive. For the particular Iranian with whom I have been involved for example, it was hearing the story of Jesus saving the adulterous woman from stoning by saying "let the one without sin cast the first stone", that made a deep impression on him and was significant in his deciding he wanted to follow this Jesus. He claims to have witnessed such stonings in the current day streets of Iran.

  Overall, we both have come away from our experiences worried that the Home Office do not seem to have any serious or clearly thought-out strategy in place with regard to the issue of asylum seekers. Of course there must be real grounds for allowing asylum and the evidence needs testing, but the prejudice and lack of real "homework" done on the part of the Home Office representatives speaks of nothing more than a desperate bid to send home as many as possible, bowing no doubt to the dreadful anti-asylum seeker stance stirred by some sections of the press. In my own experience, I have to mention that I have nothing but admiration for the adjudicator, who was meticulous in ensuring that the hearing went fairly and impartially, and that the Home Office representatives (and indeed the appellant's own solicitor) were reprimanded for unfair questions put to me. Other hearings are not so lucky.

  Along with many others who have gained some inside view into the actuality of how some of these hearings are conducted, we would be grateful for some move at the highest level of government, to address the current huge injustices present in the system. We would welcome any advice about how we could further support such a move.

The Revd Anne Hollinghurst

Cathedral Chaplain & Chaplain to the University of Derby

The Revd Canon David Truby

Canon Pastor of Derby Cathedral

August 2003





 
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