Further memorandum submitted by the Scottish
Refugee Council
ABOUT SCOTTISH
REFUGEE COUNCIL
Scottish Refugee Council provides help and advice
to those who have fled human rights abuses or other persecution
in their homeland and now seek refuge in Scotland. We are a membership
organisation that works independently and in partnership with
others to provide support to refugees from arrival to settlement
and integration into Scottish society. We campaign to ensure that
the UK Government meets its international, legal and humanitarian
obligations and to raise awareness of refugee issues. We are also
an active member of the European Council on Refugees and Exiles
(ECRE), a network of over 80 refugee-assisting organisations across
Europe.
1. INTRODUCTION
1.1 Further to our written evidence to the
Committee in October 2006[86],
we would be grateful if the Committee could examine this additional
written submission in response to the oral evidence session of
Tuesday 12 June[87]
and comments made by Mr Iain Davidson MP.
1.2 The evidence session of June 12 was
the first time that poverty experienced by asylum seekers was
discussed by the Committee. Whilst there was brief debate about
the right to work for asylum seekers as a route out of poverty,
Scottish Refugee Council is very disappointed that no important
issues were raised such as the abject destitution faced by refused
asylum seekers as a direct result of UK Government policy. We
would also challenge some of the statements made by Mr Ian Davidson
MP during the evidence session which we believe are not substantiated
by any quantifiable evidence.
2. DESTITUTION
OF ASYLUM
SEEKERS IN
SCOTLAND
2.1 One of the key aims of the Committee's
inquiry is to assess the impact of Government policy on poverty[88].
In recent years, asylum seekers in Scotland and the UK as a whole
have become increasingly socially excluded as a result of UK Government
policy. The fact that asylum seekers are not entitled to work,
can claim only very limited welfare support and are excluded from
support once they have been refused asylum, has led Scottish Refugee
Council and many others to conclude that the UK Government is
using poverty and destitution as a policy tool to deter people
from claiming asylum in the UK and to force refused asylum seekers
to return to their country of origin. The issue of forcing refused
asylum seekers into destitution in Scotland is extremely serious
and we believe falls within the scope of this current inquiry.
We raised this issue and the scale of it in Scotland in our previous
submission to the Committee.
2.2 Since our initial evidence, Scottish
Refugee Council has joined forces with other refugee organisations,
human rights and migration organisations, lawyers, faith groups
and anti-poverty charities and voluntary bodies to campaign for
the end to the scandal of asylum destitution in the UK.[89]
The Still Human Still Here campaign aims to:
— end the threat and use of destitution
as a tool of Government policy against refused asylum seekers;
— continue financial support and accommodation
to refused asylum seekers as provided during the asylum process
and grant permission to work until such a time as they have left
the UK or have been granted leave to remain; and
— continue to provide full access to
health care and education throughout the same period.
2.3 In March 2006, we welcomed the Joint
Committee on Human Rights inquiry report[90]
into the Treatment of Asylum Seekers which echoed our grave concerns
about asylum destitution. The report recommended that:
13. We consider that by refusing permission
for most asylum seekers to work and operating a system of support
which results in widespread destitution, the treatment of asylum
seekers in a number of cases reaches the Article 3 ECHR threshold
of inhuman and degrading treatment. This applies at all stages
of the asylum claim process: when an individual is attempting
to claim asylum, during the period of consideration of their claim
and during the period after their claim is refused if they are
unable to return to their country of origin. Many witnesses have
told us that they are convinced that destitution is a deliberate
tool in the operation of immigration policy. We have been persuaded
by the evidence that the Government has indeed been practising
a deliberate policy of destitution of this highly vulnerable group.
We believe that the deliberate use of inhumane treatment is unacceptable.
We have seen instances in all cases where the Government's treatment
of asylum seekers and refused asylum seekers falls below the requirements
of the common law of humanity and of international human rights
law. (Paragraph 120)
14. The policy of enforced destitution must
cease. The system of asylum seeker support is a confusing mess.
We have seen no justification for providing varying standards
of support and recommend the introduction of a coherent, unified,
simplified and accessible system of support for asylum seekers,
from arrival until voluntary departure or compulsory removal from
the UK. (Paragraph 121)
15. We recommend that the Immigration Rules
be amended so that asylum seekers may apply for permission to
work when their asylum appeal is outstanding for 12 months or
more and the delay is due to factors outside their control. We
recommend that where there is evidence that an asylum seeker will
not be able to leave the UK for 12 months or more, he or she should
be granted limited leave for a 12 month period with permission
to work attached. (Paragraph 122)
2.4 We urge the committee to support the
comments made by their colleagues in the Joint Committee on Human
Rights.
3. STATEMENTS
MADE TO
THE INQUIRY
3.1 During the evidence session Mr Davidson
MP stated that:
Mr Davidson: I understand why asylum seekers,
many of whom are economic migrants, would want to say to us that
they should be allowed to work. Have you taken into account the
extent to which that would then be a substantial pull factor in
attracting further people to come here on the basis that if you
come here, say you are an asylum seeker and then immediately you
are able to work there is obviously an attraction?[91]
Scottish Refugee Council contests the statements
that many asylum seekers are economic migrants and that allowing
asylum seekers the right to work will act as a "substantial
pull factor" resulting in an increase in the number of asylum
applications to the UK. Our reasons and evidence for challenging
these arguments are presented below.
3.2 "Many asylum seekers are economic
migrants"
3.2.1 The top 10 applicant nationalities
for asylum to the UK Government in 2006 were Eritrean 2,585 (11%
of total applications), Afghan 2,400 (10%), Iranian 2,375 (10%),
Chinese 1,945 (8%), Somali 1,845 (8%), Zimbabwean 1,650 (7%),
Pakistani 965 (4%), Iraqi 945 (4%), Nigerian 790 (3%) and Indian
680 (3%). Applications rose in 2006 compared with 2005 for five
of these top 10 applicant nationalities: Eritrean (by 47%), Afghan
(by 52%), Chinese (by 12%), Somali (by 5%) and Zimbabwean (by
53%).[92]
All of these countries have well-documented cases of serious human
rights abuses, torture and widespread violence.[93]
3.2.2 Some asylum applicants from these
countries and others may not fit the narrow definition of a refugee
under the 1951 UN Refugee Convention and may not be granted refugee
status[94]
in the UK, event although they have fled violently unstable countries
and may have experienced violence, torture, rape, or loss of family
members Even if the UK Government accepts that someone has been
persecuted, the UK Government may refuse asylum unless it is proven
that there is a significant risk it will happen again. In addition,
even if a person is fairly refused asylum, it does not automatically
follow that their claim for asylum is "not genuine"
or that they are an "economic migrant". Many apply for
asylum in good faith, unaware that their case does not meet the
strict criteria of the 1951 Refugee Convention.
3.2.3 Moreover, until recently the UK Government
more readily granted a temporary form of subsidiary protection—called
"Exceptional Leave to Remain" (ELR)—to asylum
seekers from unstable countries. In 2002 ELR was applied to one
in four initial asylum determinations. In 2003 ELR was replaced
in by two other types of subsidiary protection, Humanitarian Protection
(HP) and Discretionary Leave (DL). In 2005 only one in ten received
these forms of protection[95].
Therefore, many of those who would once have qualified for protection
today find themselves refused and destitute.
3.3 "The right to work acts as a pull
factor"
3.3.1 The assumption that reinstating the
right to work will act as a "substantial pull factor"
is based on no evidence whatsoever. In fact the little evidence
available, from the Home Office itself, is wholly contradictory.
The Home Office research says that:
There was very little evidence that the sample
respondents had a detailed knowledge of: UK immigration or asylum
procedures; entitlements to benefits in the UK; or the availability
of work in the UK. There was even less evidence that the respondents
had a comparative knowledge of how these phenomena varied between
different European countries. Most of the respondents wished to
work and support themselves during the determination of their
asylum claim rather than be dependent on the state.[96]
3.3.2 Recently, the Joint Committee on Human
Rights (JCHR) rebuked the Home Office Minister Mr Liam Byrne MP
for putting forward a similar argument to the Committee. Mr Byrne
MP said:
"I just think that there is an enormous
danger that if people are given the ability to work then we will
see this surge in abusive asylum claims."[97]
The Committee inquiry report stated that:
. . . in his evidence the Home Office Minister
Mr Liam Byrne MP stated that giving more asylum seekers the right
to work would lead to a surge in abusive asylum claims, although
we received no evidence from the Government to support this assertion.
We recommend that in the development of asylum policy the Government
should proceed on the basis of evidence, rather than assertion,
which evidence should wherever possible be published.[98]
3.3.3 Asylum is fundamentally about human
rights and giving protection to those who have been or fear being
tortured or persecuted. It is not about finding employment. However,
work is a vital component in helping people to integrate into
the society where they seek sanctuary. It gives a sense of purpose
and contributes to the well being of individuals and communities.
Excluding people from work forces them into poverty and social
isolation and allows vital skills to atrophy. This has a particularly
negative impact on the prospects for people who remain in Scotland
long term as refugees.
This was highlighted in research by the Scottish
Executive in 2002 which found that:
Given that large numbers of respondents had been
waiting some time for a decision on their asylum claim, there
may be a risk that refugees' and asylum seekers' motivations may
lessen over time, their skills may become outdated and that they
could become increasingly isolated and less easily integrated
into the labour market.[99]
For those asylum seekers who will eventually
return to their country of origin, work allows them to benefit
from their time here and build up a source of capital or training
before returning, thus making voluntary return more sustainable.
For those who will stay in Scotland, it allows them to keep their
skills fresh and contribute to the economy.
3.3.4 The cost of supporting asylum seekers
is often cited by Government as a concern. Allowing asylum seekers
to work and contribute to the public purse would be one way of
addressing this. It is ironic that asylum seekers are accused
of being a drain on the economy by many, yet they are denied the
opportunity to support themselves and their families. In recent
poll two-thirds of the respondents stated that asylum seekers
should be allowed to work.[100]
3.3.5 On August 3 2007, the Scottish Government
announced a series of issues that they would take forward with
the Home Office[101].
One of these was a call to restore the right to work for asylum
seekers:
Our discussions with the Home Office will also
focus on reinstating the right to work for asylum seekers. It
does not make sense that the ability to work is denied when many
have skills and experience which are in short supply in Scotland.[102]
In addition in a Scottish Parliamentary debate
on 5 September, Stewart Maxwell, Minster for Communities and Sport
stated that:
"The Scottish Government agrees whole-heartedly
with the statement from the Scottish Refugee Council in the motion
that: `It just makes absolutely no sense to have people sitting
at home in enforced idleness when they could be contributing to
the economy'."[103]
We are pleased that the Scottish Government
will press the Home Office on permission to work for asylum seekers[104]
and support this call. Similar calls have also been made organisations
in Scotland and across the UK including trade unions and professional
bodies.
A call was also made by the Scottish Parliament's
European and External Affairs Committee in 2005 in their inquiry
report on the Fresh Talent Initiative:
The Committee also urges the Executive, in its
discussions with the Home Office, to make the case for employment
opportunities for [sic] asylum seekers[105].
3.3.6 We urge the Committee to echo these
calls in its final report.
Gary Christie
Policy and Research Manager
Scottish Refugee Council
November 2007
86 See: http://www.scottishrefugeecouncil.org.uk/pub/Poverty Back
87
See: http://www.publications.parliament.uk/pa/cm200607/cmselect/cmscotaf/uc168-ix/uc16802.htm Back
88
See press release: http://www.parliament.uk/parliamentary_committees/scottish_affairs_committee/sac_060522.cfm Back
89
Still Human Still Here is a campaign supported by: Amnesty
International UK; Asylum Aid; Asylum Rights Campaign; Asylum Support
Appeals Project; Church Action on Poverty; Citizens Advice; Immigration
Law Practitioners' Association; Joint Council for the Welfare
of Immigrants; Migrants Resource Centre; Refugee Action; Refugee
Council; Scottish Refugee Council; STAR (Student Action for Refugees);
and Welsh Refugee Council. No Recourse to Public Funds Network
are observers. See www.stillhuman.org.uk Back
90
The Treatment of Asylum Seekers, House of Lords & House of
Commons, Joint Committee on Human Rights, Tenth Report of Session
2006-07, http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/81i.pdf Back
91
Hansard, Q628, http://www.publications.parliament.uk/pa/cm200607/cmselect/cmscotaf/uc168-ix/uc16802.htm Back
92
Asylum Statistics United Kingdom 2006, Home Office, 21 August
2007: http://www.homeoffice.gov.uk/rds/pdfs07/hosb1407.pdf Back
93
See for example Amnesty International report 2007, http://thereport.amnesty.org/eng/Download-the-Report Back
94
In 2006, 17% of asylum applications were granted refugee status,
9% granted Humanitarian Protection; 57% were refused asylum, Asylum
Statistics United Kingdom 2006, Home Office, 21 August 2007 Back
95
Asylum statistics United Kingdom 2005, Home Office, 22 August
2006:http://www.homeoffice.gov.uk/rds/pdfs06/hosb1406.pdf Back
96
Findings, 172, Understanding the decision-making of asylum seekers,
Research, Development and Statistics Directorate, Home Office,
2002, http://www.homeoffice.gov.uk/rds/pdfs2/hors243.pdf Back
97
Hansard, Q477, http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/81ii.pdf Back
98
Para. 5, The Treatment of Asylum Seekers, House of Lords &
House of Commons, Joint Committee on Human Rights, Tenth Report
of Session 2006-07, http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/81i.pdf Back
99
Refugees and Asylum Seekers in Scotland: A Skills and Aspirations
Audit, Scottish Executive, 2004, http://www.scotland.gov.uk/Publications/2004/03/19169/35275 Back
100
http://www.strangersintocitizens.org.uk/latest_news/edm.html?ci=26875 Back
101
Scottish Government website: http://www.scotland.gov.uk/News/News-Extras/asylum-issues Back
102
Ibid Back
103
Col. 1427, http://www.scottish.parliament.uk/business/officialReports/meetingsParliament/or-07/sor0905-02.htm£Col1413 Back
104
Reference Scottish Government announcement 3 August 2007 and
Scottish Parliamentary debate Back
105
An Inquiry into the Scottish Executive's Fresh Talent Initiative
Examining the Problems It Aims to Address, Its Operation, Challenges
and Prospects, http://www.scottish.parliament.uk/business/committees/europe/reports-05/eur05-04-01.htm Back
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