Home Affairs Committee
About Positive Action In Housing
We are a Scotland-wide charity working with communities since 1995. We offer advice, information and support to people from minority ethnic, refugee and new migrant communities. Last year we took up a total of 1,120 cases including 313 destitute 285. Our service users came from 83 different countries of origin including China, Iran, Iraq, Pakistan, Somalia and Poland.
In 2012 Our Lifeline Destitution Service provided emergency support to 313 destitute people (including dependents)from 44 different countries. These cases include families, pregnant women, young people under 21, people with physical and mental health problems and victims of severe trauma.
We gave out emergency payments totalling £30,400 from our hardship fund to prevent people starving or becoming street homeless and provided 586 nights of free shelter through our volunteers and hostels.
Our services are offered through three drop-ins a week. Our caseworkers deal with an average of 15–20 destitute asylum seekers in every drop-in and support them to be able to get out of the cycle of destitution. Many become part of society’s invisible citizens, vulnerable to exploitation, facing the constant fear of being detained indefinitely or deported despite potentially having a good cause for leave to remain. Many prefer to live here in destitution, rather than return home to face persecution, torture or death.
Impact Of Ukba Policies On Refused Asylum Seekers
Over recent years there have been growing concerns about the scale, extent and impact of destitution among refused asylum seekers. Last year 145 cases were new while remaining 140 were on-going cases from previous years facing long term destitution.87 of these service users have been destitute for 1–3 years with a further 24 destitute between 3 and 5 years. Destitution is a long term issue for these further worsening their mental health condition and physical problems. Amongst destitute people, we have witnessed incidents of aggression, threats of self-harm, suicide and worsening mental health problems caused by increased levels of desperation.
Since October 2009 changes to UKBA policies related to further submissions, we observed an increase in the number of clients waiting for section 4 support. There was widespread despair and increase in uncertainty about access to asylum support on submission of fresh claims. The lack of information on section 4 support, delays in processing fresh claims and section 4 applications and arbitrary suspension of support have been our key areas of concern related to the NAM asylum policies.
We experienced that we were pushed to our limits due to the worsening impact of asylum policies further worsened by the economic climate.
Solutions To End Destitution
- — We would like to see destitute asylum seekers have the right to work in order to support themselves while they are still pursuing their claims.
- — Improve the quality of decision making and speed up the process of reviewing fresh claims to ensure all claimants who need protection get it as quickly as possible.
- — Provide some form of welfare support to all asylum seekers until the point of return.
- — Support voluntary sector organisations which are key to providing support and information to all asylum seekers at risk of destitution.
Terms Of Reference
1 The effectiveness of the UK Border Agency Screening process, including the method of determining eligibility for the ‘Detained Fast Track’ procedure.
2 The use of country of origin information and Operational Guidance notes in determining the outcome of asylum applications.
Our services have witnessed a number of clients left in destitution due to dispute with Home Office on their country of origin. Some of these clients are vulnerable due to their age, circumstances and physical impediments.
Case Study 1: Miss X an elderly lady was referred to us by her solicitors on 09/03/12 She was found to be destitute and was living in a night shelter. We contacted one of our accommodation volunteers, who then agreed to accommodate Miss X. She continued to live with our volunteer for 12 months as she had no other means of supporting herself. During the period, her appeals were turned down twice as home office refused to believe that Miss X was a Bajuni. Bajuni tribes are persecuted in Somalia for being a minority, due to which they flee for safety. After waiting for 11 long months, Miss X’s solicitor was able to make an appointment with a Bajuni expert in London, who then confirmed that the client was not Somalian but a Bajuni from the region. UKBA received the report from the Bajuni expert, confirming that Miss X was indeed of the Bajuni tribe. Her Home Office Section 98 support was reinstated on 18/02/13.
3 The assessment of the credibility of women, the mentally ill, victims of torture and specific nationalities within the decision-making process and whether this is reflected in appeal outcomes.
4 The effectiveness of the 5 year review system introduced in 2005.
5 Whether the system of support to asylum applicants (including section 4 support) is sufficient and effective and possible improvements.
We are seriously concerned about delays in the outcomes of Section 4 application assessments and the criteria for eligibility of support. Oxfam Research report—‘Coping with Destitution’ includes evidence that the ‘culture of disbelief’ associated with the asylum determination process extends to decision making on Section 4 support.
Case Study 3: Miss A is a single female asylum seeker and 28 weeks pregnant. Her asylum case was refused, asylum support stopped and she was in asylum accommodation pending eviction. She applied for Section 4 support based on her advanced stage of pregnancy on 09/03/2012. However Miss A was not given her Section 4 application decision until 04/04/2012 (a lapse of 27 days). During this period she was relying on charity organisations for food, and was left to remain in her pre-eviction flat without electricity.
Case Study 4: Mr A is a Chinese single destitute asylum seeker (age 57). He approached our office in October 2011. He was living care of friends until recently but was asked to leave at short notice. When Mr A approached our office he was found to be vulnerable and at risk of rough sleeping. He had already slept rough inside a bus station. Also he had an underlying heart condition (he was an inpatient for a week at a hospital in Glasgow, and still attends medical appointments relating to this). Scottish Refugee Council helped him to apply for Section 4 support the week before, based on a further submission made at the Home Office in Liverpool. Mr A was granted Section 4 support on 07/12/2011, 57 days after his Section 4 application was submitted.
For those who secure Section 4 support provided in the form of vouchers, this is not without its own problems and difficulties. There are difficulties in accessing public transport, operating coin operated telephones, gaining access to culturally appropriate food and other essential services like haircuts.
Case Study 5: Miss Z was 5 months pregnant when she approached our office for support. She is an asylum seeker whose case was refused whilst living c/o friends. Her friend asked her to leave because they could no longer support her. She applied for Section 4 support due to being at an advanced stage of pregnancy and was granted in Nov 2011. Despite being granted Section 4 support this was not sufficient for her circumstances. In particular for travel: Miss Z still had to report to 200 Brand Street but was deemed not eligible for travel assistance because she lived inside the 3 mile radius criteria. With a young baby it was difficult for her to report to her local UKBA office without travel assistance.
6 The prevalence of destitution amongst asylum applicants and refused asylum seekers
As a charity assisting destitute asylum seekers since 2005, our 2011–12 statistics provides anecdotal evidence of the extent of destitution in Glasgow. Based in the city centre, we are providing an important source of support for many of those living in destitution.
- — We ran a successful Winter drop-in December 2012 before the Christmas break. On the day, nearly 130 destitute asylum seekers accessed food hampers, toiletries, clothes, shoes and cash support from our hardship fund.
- — In 2012, Positive Action in Housing provided emergency support to 313 people forced into destitution because of the UK Government’s policy towards appeals right exhausted asylum seekers. This is a 3.3% increase on the previous year.
- — To prevent rough sleeping, we provided 586 nights of free shelter in 2012 through our volunteers and hostels and assisted 24 clients, mostly single males to access 286 nights of shelter through the Night Shelter run by the Glasgow Destitution Network.
- — 183 service users were identified as “additionally vulnerable”. These include the elderly, young people, children within families, pregnant women and those with physical or severe mental health problems and people who have suffered some form of trauma.
7 Whether the UKBA or Third Sector organisations should be able to highlight concerns regarding legal practitioners to the Solicitors Regulatory Authority.
8 Whether the media is balanced in their reporting of asylum issues.
9 The prevalence of refused asylum seekers who are tortured upon return to their country of origin and how the U.K Government can monitor this.
There is a failure on the part of decision makers to understand that even where the circumstances of an individual’s departure do not fit the narrow technical definition of a convention refugee, he or she may have legitimate concerns about returning to the country of origin.
Case Study 6:Mr K claimed asylum in 1999.His asylum claim was refused and his appeals rights were exhausted. He decided to return to Iraq voluntarily in Aug 2008. Mr K could not stay long in Iraq and returned back to UK with his wife for the second time in 25th July 2010. Mr K was tortured in Iraq and reported physical scars all over his body from being beaten and tortured by his wife’s extended family. Their asylum claim has been refused yet again. Now they are waiting for legal aid decision for judicial review. They are facing eviction from Home Office accommodation and do not have any cash support from Home Office.
Positive Action In Housing
April 2013