Memorandum by the Refugee Council
SUMMARY OF
KEY POINTS
— Refugees and asylum seekers have
a particular set of experiences and entitlements before they arrive
and when in the UK which determine their lives and ability to
integrate. These need to be taken into account by policy makers
when considering issues of cohesion and migration.
— Aspects of government policy concerning
asylum seekers and refused asylum seekers directly contribute
to community tensions, hinder integration and impact negatively
on local, regional and national efforts to foster cohesive communities.
If people are subsequently granted permission to remain in the
UK their integration from that point is often delayed by their
experiences of exclusion when they were pursuing their case. Current
policy to grant limited leave of five years and obstacles to applying
for citizenship can hinder integration and cohesion and need to
be addressed.
— We draw the attention of the Committee
to the conclusions and recommendations of the parliamentary Joint
Committee on Human Rights inquiry into the treatment of asylum
seekers. The implementation of the JCHR recommendations would
have a positive impact on community cohesion.
— There are positive examples around
the country where settled communities are engaging with newly
arrived people, including much excellent work done by Refugee
Community Organisations (RCOs), faith groups, schools and youth
groups and mainstream organisations seeking to tackle social exclusion.
We urge the Committee to consider the contribution to community
development of such work, and to highlight the need for resources
to be made available to develop and support this work. Central
and local government initiatives should be developed in partnership
with RCOs and community groups, and be accessible to them.
— We believe that the transition from
asylum support to mainstream services and the integration of refugees
requires greater cooperation between the Home Office and other
government departments and local authorities. Increased cooperation,
informed by and based on a good understanding of refugee and asylum
seekers' needs and experiences and better data on refugee populations,
would help to increase the effectiveness of local and central
government action and expenditure in promoting community cohesion
and responding to inward migration flows.
— We believe that it is important that
local authorities and service providers are supported (by the
government and the voluntary sector) to understand refugee and
asylum seeker issues when developing and implementing their plans,
and communicating with the wider public about these issues.
— The Refugee Council is keen to use
the recommendations of the Commision on Integration and Cohesion
to help progress some key areas. Such actions should include specific
consideration of refugees and asylum seekers, and be taken forward
in cooperation with refugee community and support organisations,
in particular activities concerning myth-busting, data collection
and population mapping, decisions on translating materials and
when implementing guidance funding single groups.
INTRODUCTION
1. The Refugee Council is the largest charity
in the UK providing help and advice to asylum seekers and refugees.
We campaign for their rights and help them rebuild their lives
in safety. We work with refugees and those seeking asylum in England,
at all stages of the asylum process and after they have been granted
permission to stay. The Refugee Council Chief Executive is a member
of the Migration Impacts Forum, and the Director of Operations
is a member of the National Migration Group.
2. This submission is intended to highlight
to the Communities and Local Government Committee some key points
relating to community cohesion and migration, drawing on our experience
of working with refugees over many years.
3. We welcome this inquiry, in particular
the intention to explore the actions necessary to take forward
the Commission on Integration and Cohesion's recommendations relating
to migration. We hope that our submission will assist the Committee
in considering the particular issues relating to refugees and
asylum seekers within the broader debate on migration. We would
be happy to provide further information on any of the points below,
and would be pleased to make oral submissions to the Committee.
4. For information, attached are copies
of submissions to the Commission on Integration and Cohesion in
May 2007, by the Inter Agency Partnership (Refugee Council, Refugee
Action, Migrant Helpline, Scottish Refugee Council, Welsh Refugee
Council) and to the Independent Asylum Commission by the Refugee
Council in November 2007.[27]
5. We have focused our comments on the particular
cohesion issues relating to refugees and asylum seekers. We believe
it is important to make clear the distinction between those who
have claimed asylum and those who have migrated to the UK to work
or study. There are many common experiences for migrants, whether
or not they have claimed asylum, for example the need to learn
English, find accommodation and access services. However, asylum
seekers and refugees have a particular set of experiences and
entitlements when in the UK which determine their lives and ability
to integrate.
ASYLUM SEEKERS
AND COMMUNITY
COHESION
6. The particular issues concerning asylum
seekers that have an impact on the community cohesion debate are
set out below.
7. Being forced to flee and life during
the asylum determination process: Those who seek international
protection were forced to flee their homes in search of safety.
Many asylum seekers say that they did not chose their destination,
and others say they chose the UK for its reputation as a democratic
country, and because of historic or linguistic connections.[28]
Many of those seeking asylum have experienced torture and persecution
because of their political activities, religious beliefs, membership
of a particular social group, or have been the victim of conflict.
They have often given up homes, children, possessions and livelihoods
to seek safety. When they make an asylum claim, aspects of their
lives are on hold until the final decision in their case is made.
This process can take months or even years. Many people have physical
or mental health conditions as a result of experiences in their
country of origin. For these reasons, asylum seekers face a set
of challenges distinct from other migrants.
8. Asylum support, forced dispersal,
access to mainstream services and the right to work: Asylum
seekers are not allowed to work.[29]
If people cannot support themselves while they are in the asylum
process, they have to apply for housing and a weekly cash allowance
from the Border and Immigration Agency (BIA). Those asylum seekers
who are entitled to support receive far less in cash allowances
than is paid to other UK residents who are entitled to Job Seekers
Allowance, and so asylum seekers are living in conditions of poverty
more extreme than most other groups. Some asylum seekers receive
no support because they did not claim asylum immediately on entering
the UK. Those who do receive support and require accommodation
are dispersed around the UK on a no-choice basis. Many asylum
seekers have reported that they are housed in places where they
do not feel safe, and are subject to harassment and sometimes
violence.
9. English language: After six months,
people with an ongoing asylum claim are eligible for Learning
and Skills Council (LSC) funding to learn English. The Refugee
Council believes that access to language classes is key to integration,
and we believe that asylum seekers should be eligible for funding
from the date of their claim.
10. Refused asylum seekers who cannot
leave the UK—destitution, vouchers, lack of access to health
care and legal limbo: Thousands of refused asylum seekers
in the UK are living below the poverty line and significant numbers
are destitute. After their appeal rights are exhausted, the majority
of refused asylum seekers have their support terminated, and the
government expects them to leave the UK. Those who are unable
to leave can apply for support under Section 4 of the 1999 Immigration
and Asylum Act, which makes provision for accommodation and vouchers
only with no cash support (asylum seekers with children usually
continue to be considered as asylum seekers for support purposes
until they leave the UK). Eligibility for Section 4 is dependent
on meeting certain conditions, including taking reasonable steps
to leave the UK.[30]
Destitution arises particularly for those whose cases have been
refused, but are not departing voluntarily and who are not granted
Section 4 support. For those living on Section 4 support for long
periods, extreme poverty and deprivation often follow, as Section
4 was intended as a short-term form of support and does not provide
for many essentials over the longer term.
11. Many people do not leave the UK because
they have no safe or sustainable route of return to their home
country, for example Iraqis and Zimbabweans, or because they feel
they have not had a fair hearing in their asylum case.
12. Destitution leads to homelessness and
ill health, and has an impact on community cohesion, safety, health
and welfare among destitute people, and the use of vouchers for
those on Section 4 support is inefficient and leads to people
being stigmatised. We are also concerned that refused asylum seekers
are unable to access secondary health care.
13. The Refugee Council believes that integration
takes place from arrival and is a two-way and multi-faceted process.
Successful integration benefits everyone, and contributes to the
development of safe and cohesive communities. We believe that
the above aspects of government policy concerning asylum seekers
and refused asylum seekers directly contribute to community tensions,
hinder integration and impact negatively on local, regional and
national efforts to foster cohesive communities. If people are
subsequently granted permission to remain in the UK their integration
from that point is often delayed by their experiences of exclusion
when they were pursuing their case.
14. The Refugee Council's research report
on experiences of integration, published in October 2007, is a
two year qualitative research project looking at the social aspects
of refugees' integration, particularly in relation to how these
were experienced in two different localities, Haringey and Dudley,
and across different groups of refugees and asylum seekers.[31]
This research provides powerful evidence of the barriers to integration
faced in particular by asylum seekers, who are excluded by law
from key activities, including work, training, and education,
that would enable them to develop social networks and integrate.
The report concludes that national policy on integration and asylum
policy must be changed, so that asylum seekers are not excluded
from society while their cases are being processed and concluded.
15. We urge the Committee to have regard
to this point when developing recommendations. In particular,
we draw the attention of the Committee to the conclusions and
recommendations of the parliamentary Joint Committee on Human
Rights (JCHR) inquiry into the treatment of asylum seekers. The
implementation of the JCHR recommendations would have a positive
impact on community cohesion.[32]
16. In addition, we would draw the attention
of the Committee to the examples around the country where settled
communities are positively engaging with newly arrived people,
including work done by RCOs, faith groups, schools and youth groups
and mainstream organisations seeking to tackle social exclusion.
We know from our work with RCOs that they act as a bridge to other
communities for new arrivals. Much excellent work is done, but
many smaller organisations, particularly those working at the
"grass roots", including RCOs, struggle to fund their
work. We urge the Committee to consider the contribution to community
development of such work, and to highlight the need for resources
to be made available to develop and support this work. Central
and local government initiatives should be developed in partnership
with RCOs and community groups, and should be accessible to them
(See the final paragraph of this submission, regarding our position
on the funding guidance for single groups).
REFUGEES AND
COMMUNITY COHESION
17. There have been some improvements to
the asylum determination system in the past year and these have
resulted in quicker decisions on asylum claims through the introduction
of the New Asylum Model (NAM) which aims to process cases end-to-end
within six months. This has reduced the length of time people
spend waiting for an outcome on their case, which is positive
as it allows people to get on with rebuilding their lives. In
addition the government is pursuing a programme of "case
resolution" which aims to deal with a backlog of an estimated
450,000 files of people who claimed asylum before the introduction
of NAM in April 2007. This is a positive development, provided
the process is implemented fairly and transparently. Initial signs
in some parts of the UK indicate the BIA is taking a pragmatic
and humane approach to families who have been here a long time,
granting many indefinite leave to remain. There are challenges
for refugees, local authorities and support organisations to manage
the transition from asylum support to the mainstream, but many
of these can be addressed with coordinated action and clear communication
from the BIA.
18. Once people have been recognised as
having international protection needs and granted refugee status,
or are given some other form of leave to remain in the UK (discretionary
leave or humanitarian protection), they are entitled to work,
access mainstream services and to vote.
19. We believe that the transition from
asylum support to mainstream services and the integration of refugees
requires greater cooperation and clarity between the Home Office
and other government departments and local authorities. Increased
cooperation, informed by and based on a good understanding of
refugee and asylum seekers' needs and experiences and better data
on refugee populations, would help to increase the effectiveness
of local and central government action and expenditure in promoting
community cohesion and responding to inward migration flows. We
believe that it is important that local authorities and service
providers are supported (by the government and the voluntary sector)
to understand the specific refugee and asylum seeker issues when
developing and implementing their plans, and communicating with
the wider public about these issues.
20. In addition, we would like to draw the
attention of the Committee to the following key points relating
to those recognised as refugees that we believe need to be considered
and addressed in the quest for cohesive communities.
21. Five year limited leave: In 2005, the
government introduced a qualifying period for indefinite leave
to remain (ILR) for refugees, which took effect from 30 August
2005. Before this date, refugees received ILR. However, refugee
status is now granted for an initial five years and is subject
to active review, which will include a re-assessment of the safety
of the refugee's country of origin. The fifth year review will
start from August 2009, although refugees in the category can
potentially have their status reviewed at any time. The five year
limited leave will require those receiving a successful review
to apply for indefinite leave to remain. In order to receive ILR,
refugees will need to pass the Life in the UK test or gain an
ESOL with Citizenship material qualification.[33]
22. It is unclear how many active reviews
have taken place so far and what the process will be for challenging
any decision that someone no longer needs international protection.
However, we are concerned that refugees with five year limited
leave may face further distress and anxiety about the permanence
of their status in the UK, and may well be placed at a further
disadvantage when seeking employment, training, housing and rebuilding
their lives. The Refugee Council believes that refugees should
be given ILR when they are granted status, and should not be subject
to automatic review.
23. Employment, training and adult education:
We believe that those seeking asylum should have the right to
work. In addition, we believe that refugees should be supported
in employment, training and education so that they can use and
develop existing skills to lead useful lives, with opportunities
equal to others in the UK.
24. However, we are concerned about the
impact of the government's decision that from 2 April 2007 all
people seeking to live in the UK permanently will have to pass
English language and knowledge of life in the UK tests (bringing
settlement/ILR in line with the requirements for gaining British
nationality). Asylum seekers granted refugee status after 30 August
2005 are affected by these changes. The changes mean that refugees
applying for ILR after a successful review will need to have passed
the Life in the UK test if at ESOL Entry level 3 or above, or
gained an approved ESOL qualification with citizenship materials
at a local college if below Entry level 3. Refugees who have not
satisfied one of the above will be given an additional two years
leave to do so. We are currently waiting to hear from the Home
Office as to their plans beyond this point.
25. The Refugee Council considers it unreasonable
and potentially discriminatory to restrict ESOL funding for refugees,
while at the same time to insist on satisfying English language
requirements as part of the granting of ILR. We disagree fundamentally
with English language and knowledge of life in the UK tests being
compulsory for refugees. The granting of asylum is fundamentally
about providing protection and ILR should be given on this basis
alone. Once a refugee has had a successful review, they are de
facto given indefinite protection as their status will not be
reviewed again. To insist on satisfying further requirements not
relevant to this decision is unfair. It should be the choice of
refugees whether or not to seek citizenship. It is only at this
stage that English language requirements would be significant.
We recommend that refugees should receive ILR automatically following
a successful review of their status after five years or earlier.
We recommend that the government ends the English language
requirements for those with limited leave who are applying for
settlement or ILR.
THE REFUGEE
EXPERIENCE AND
CITIZENSHIP
26. The Refugee Council believes that refugees
should have equal access to citizenship processes, and be supported
to choose whether to apply. We believe that the nature of refugees'
experiences mean that they may face particular and unique decisions
and hurdles. We are concerned that refugees' needs and experiences
have not been fully taken into account in designing citizenship
processes, which has resulted in a number of barriers to prospective
citizens (cost, access to advice and guidance, and ability to
access language learning). To ensure equal access, these issues
should be taken into account by policy-makers; the current review
of citizenship provides an opportunity to improve access for those
who wish to apply. (A copy of the Refugee Council's submission
to Lord Goldsmith's review will be copied to this inquiry when
it is available).
TAKING FORWARD
THE RECOMMENDATIONS
OF THE
COMMISSION FOR
INTEGRATION AND
COHESION
27. The Commission on Integration and Cohesion
report "Our Shared Futures" highlights the areas of
citizenship, visible social justice, fairness and transparency
and positive relationships between communities.
28. All of these themes can readily apply
to the refugee experience, and would be useful guiding principles
for the Border and Immigration Agency.
29. We have continually highlighted the
importance of work with the receiving community to inform and
prepare them for new arrivals. A lack of information to receiving
communities can be overcome, but this needs strategic thought,
preparation and resources.
30. The Refugee Council is keen to use the
opportunity of the COIC recommendations to help progress some
key areas. We have not included a comprehensive analysis of the
conclusions of the report "Our Shared Futures" here,
but wish to highlight that actions taken should include specific
consideration of refugees and asylum seekers. For the purposes
of this submission, we wish to highlight four key areas.
31. Visible Social Justice and myth
busting: We agree with the COIC conclusions that visible social
justice and proactive attempts to provide reliable and accurate
information to inform communities about inward migration, including
that by refugees and asylum seekers, are important. We believe
that these activities should be developed in partnership with
communities, and involve refugee communities.
32. The government should demonstrate active
political leadership on the issue of asylum. In light of its continuing
commitment to the 1951 UN Refugee Convention, placing an obligation
on signatory states to accept refugees, some effort towards defending
and upholding this decision would be in the interests of the government,
asylum seekers and refugees themselves, and successful integration
and community cohesion.
33. An independent body responsible for
the asylum process would help to rebuild public confidence in
the system, and allow decisions to be taken that were aimed at
ensuring people who were in need of protection were able to access
it.
34. Editors must take an active responsibility
for ensuring that media outlets are not inciting fear and hostility
amongst the public towards asylum seekers and refugees. We are
opposed to the curbing of press freedom, but believe that the
media must report these issues accurately and responsibly.
35. Politicians should recognise the impact
policy decisions have on public opinion of asylum seekers and
refugees. Use of detention, for example, suggests that asylum
seekers are criminals who pose a risk to society and promotes
the idea they are not to be trusted. Improvements in tone and
language when discussing asylum are welcome, but should be matched
with policy decisions that do not widen the gulf between those
seeking asylum and the public.
36. Data and statistics: It is very
important that statistics about refugee and asylum seeker populations
are collected and available to service providers. This is particularly
significant in relation to the new Department for Communities
and Local Government guidance on translation.
37. Translation guidance: It is
our experience that many refugees are desperate to learn English
and this is very important to their integration. However, we hope
that translated material and interpreters will continue to be
available for those who have been forced to flee their country.
DCLG notes the need for an evidence base and sound data for decisions
on translation, and we believe more must be done to provide this
evidence for refugee communities.
38. Single community funding guidance:
Refugee community organisations are incredibly valuable in providing
a bridge to settled communities, and are important vehicles for
integration and cohesion. We believe that the BIA and the Department
for Communities and Local Government must support and encourage
RCOs to develop this role. We very much hope that the guidelines
on funding single-nationality groups will take into account the
role of RCOs as vital providers of a bridge to settled communities
and that the new National Integration and Employment service being
developed by BIA will include ways of supporting RCOs.
27 Available at: http://www.refugeecouncil.org.uk/policy/responses/2007/integration.htm
and http://www.refugeecouncil.org.uk/policy/responses/2007/IACsubmission.htm Back
28
"Understanding the decision-making of asylum seekers",
Home Office Research Study, 2002 http://www.homeoffice.gov.uk/rds/pdfs2/hors243.pdf Back
29
Unless they are still awaiting an initial decision on their case
after 12 months, in which case they can apply for permission to
work. Back
30
See: http://www.asaproject.org.uk/fact_sheets/Factsheet_2_Section_4_Support_for_Failed_Asylum_Seekers.pdf Back
31
Available at: http://www.refugeecouncil.org.uk/policy/position/2007/integration.htm Back
32
Joint Committee on Human Rights, March 2007, The Treatment of
Asylum Seekers, at: http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/81i.pdf Back
33
http://www.lifeintheuktest.gov.uk/htmlsite/background_10.html
"If you are applying for naturalisation as a British citizen
or for indefinite leave to remain, you will need to show that
you know about life in the UK. If you live in England, Scotland,
Wales or Northern Ireland, you can do this in two ways: by taking
the Life in the UK Test or by taking combined English for Speakers
of Other Languages (ESOL) and citizenship classes. You should
take the test if you are applying for naturalisation as a British
citizen or indefinite leave to remain (settlement) and your level
of English is ESOL Entry 3 or above. If your level of English
is lower than ESOL Entry 3 and you wish to apply for naturalisation
or indefinite leave to remain, you will need to attend combined
English language (ESOL) and citizenship classes instead". Back
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