Professional Documents
Culture Documents
This updated guide is one of a series of publications which goes a long way towards
enabling journalists to cover the issue of refugees and asylum seekers in a balanced
and truthful manner. The initiative in producing this booklet by Oxfam is welcomed and
supported by the NUJ as a useful resource in covering such an important subject.
Paul Holleran
NUJ Scottish Organiser
September 2007
This publication was produced on behalf of the Asylum Positive Images Network
a network of agencies, community groups and organisations. They have come
together to positively influence media portrayal of asylum issues, to challenge
negative media coverage and to proactively provide accurate information. The
network also aims to inform public opinion and support integration by challenging
inaccurate representations, and support positive messages. For further information
regarding this Network please contact Scotland@oxfam.org.uk
Experience over the last 4 years has been that where asylum communities have
been established there has been ill-informed adverse media coverage which has
contributed to heightened local tensions and resentment of asylum seekers. 3
1
arm Welcome? Understanding Public Attitudes to Asylum Seekers in Scotland, ippr, June 2006 p.25, http://www.
W
scottishrefugeecouncil.org.uk/pub/Warm_Welcome
Mori Scotland Poll of 1022 respondents, 2004 on behalf of Oxfam
5
2
3
ACPO guide to meeting the policing needs of asylum seekers and refugees (www.acpo.police.uk) 2001
Content
The basics
Why people seek refuge 9
1951 UN Convention relating to the Status of Refugees 10
Terminology 12
Asylum seeker Refugee Unaccompanied or separated asylum-seeking children
(unaccompanied minors) Refused asylum seeker Economic migrant Immigrant Illegal immigrant
UK Statuses Refugee status Humanitarian protection Discretionary leave
Asylum support 29
Financial support In the asylum system After a positive & negative decision on
the asylum claim The right to work Destitution
Asylum in Scotland 36
Responsibility of the Scottish Government towards asylum seekers and refugees
Integration a differing view The interaction of UK and Scottish legistlation and its impact
on asylum seekers A warmer welcome? Dawn raids Scottish Cabinet memo
Useful contacts 45
The Media Other contacts
Essential websites 51
7
Being compelled to leave your own homeland due to unbearable circumstances
beyond your control to find yourself in a country with totally different language,
culture and rules, and no one to help and guide you is a really daunting experience.
Every little, ordinary and simple thing becomes a problem and obstacle in your life.
These problems are further compounded when the media appear to be against you
and make you feel unwelcome. You feel trapped in an impossible situation. On the
one hand, you want to use your education, profession and expertise and make a life
for yourself and also make a real contribution to the society you now live in; and on
the other hand, you feel stonewalled by restrictive rules, regulations and negative
reactions from all corners
Exiled journalist now living in Glasgow
The basics
Why people seek refuge
Around the world millions of people are forced to flee
from their homes.
At present, according to the United borders and become refugees, others fleeing
Nations High Commission for Refugees persecution may remain in their home
(UNHCR), the UN Refugee Agency, there country as internally displaced persons.
are more than 10 million people living as
refugees across the world.4 People may Seeking refuge is a vital last resort, a safety
be forced to flee for a number of reasons: net for those who cannot find protection
for some it could be because they have from abuses in their own country and
been persecuted because of their political so have to flee to find safety elsewhere.
beliefs, or sometimes people are targeted Stable and prosperous countries like the
because of their ethnic group, some are UK do not always provide this sanctuary.
targeted because of trade union activism Most people seek refuge in developing
The basics
4
www.unhcr.org (June 2007) 9
1951 UN Convention Relating to the Status
of Refugees
The term refugee in common usage covers a range of people
including those displaced by environmental change and natural
disaster. Moreover, the term is often confused with other types of
migrants. However, refugee has a specific definition in international law.
The 1951 UN Convention Relating to the group, or political opinion, is outside the
Status of Refugees (commonly referred country of his nationality, and is unable to
to as the Refugee Convention or 1951 or, owing to such fear, is unwilling to avail
Convention) is the key legal document that himself of the protection of that country
gives the definition of what a refugee is
and sets out the rights of refugees to be The 5 elements of this definition are that:
protected. The Convention has protected Refugees have to be outside of their
millions of lives since it was introduced. country of origin;
The reason why they flee has to be
In July 1951, a special U.N. conference in because of the fear of persecution;
Geneva approved the Refugee Convention. The fear has to be well founded;
The Convention is the cornerstone of The persecution must be as a result of one
refugee law that clearly spells out who is or more of the 5 categories in the definition;
a refugee and the kind of legal protection, and
other assistance and social rights he or They have to be unable to seek protection
she should receive from states that are or are unwilling to seek protection in their
party to the document. Equally, it defines a country of origin i.e. they cannot turn to their
refugees obligations to host governments own governments for protection.
and it sets out certain categories of
persons, such as war criminals, who No country has ever withdrawn from its
do not qualify for refugee status. obligations under the UN Convention for the
Status of Refugees.
Article 1 of the Refugee Convention
defines a refugee as: A person who is For information on the 1951 Convention,
owing to a well-founded fear of being global refugee situations and global statistics
persecuted for reasons of race, religion, please visit: www.unhcr.org.uk
nationality, membership of a particular social
10
Many states party to the 1951 Convention Individuals may also be granted refugee
also have an asylum process to determine status by UNHCR. Such individuals are often
the persons status in accordance with referred to as mandate refugees and may be
the domestic legal system. UNHCR offers eligible for resettlement (see page 28).
advice to governments on refugee status
determination as part of its mandate to
promote refugee law and the Convention. D
id you know that Article 14 of the
The basics
When refugees cannot seek asylum because of off shore barriers, or are detained
for excessive periods in unsatisfactory conditions, or are refused entry because of
restrictive interpretations of the Convention, the asylum system is broken, and the
promise of the Convention is broken too.
Kofi Annan, UN Secretary General: Address to the European Parliament, 29 January 2004
11
Terminology
12 5
Warm Welcome? Understanding Public Attitudes to Asylum Seekers in Scotland, ippr, June 2006
multi story, Street Level Photoworks. Photo: Iseult Timmermans
The Home Office is in the process of
reforming the immigration process and care
arrangements for unaccompanied minors.
Under the new proposals unaccompanied
asylum-seeking children will be accom-
modated by specific local authorities who
operate specialist services for this group.
Illegal asylum-seeker
By definition, therefore, anyone has the right to apply for asylum in the UK. There is
no obligation for an asylum seeker to claim asylum in the first country they come to,
and the Universal Declaration of Human Rights sets out the fundamental right for all
to seek asylum. There can thus be no such thing as an illegal asylum seeker a term
that has frequently been employed in publications.
In October 2003, The Press Complaints Commission (PCC) issued guidance regarding
the reporting of refugees and asylum seekers. The guidance states that editors and
journalists should avoid misleading or distorted terminology, such as the term illegal
The basics
asylum seeker (which is a breach of Clause One of PCC Code of conduct Accuracy)
and should be mindful that inaccurate, misleading or distorted reporting may
generate an atmosphere of fear and hostility that is not borne out by the facts.
www.pcc.org.uk
Many organisations continue to push for stronger guidance and enforcement by
the PCC on asylum and refugee related reporting. In Scotland and London there
are annual awards presented to journalists for good, balanced and fair reporting on
asylum issues.
13
Economic Migrant Illegal Immigrant
Someone who leaves their country to seek a Normally refers to someone who has arrived
more prosperous way of life elsewhere. This in another country, and intentionally not made
may be because they are seeking to live a themselves known to the authorities and has
secure and peaceful life escaping poverty no legal basis for being there. However the
and conflict. According to the UN High term illegal immigrant, although commonly
Commissioner for Refugees (UNHCR), the used, is not defined anywhere within UK law.
term migrant refers to someone who makes The phrase illegal immigrant was found in
a conscious, voluntary choice to leave his or January 2002 by the Advertising Standards
her country of origin. If they want to return Authority to be racist, offensive and mis-
they can do so without obstruction from their leading. Most international organisations
government. Recent years have seen more including the UN and the International
migrants coming from new EU states often Organisation for Migration use the term
referred to as Migrant Workers. irregular migrant instead.
Immigrant/migrant
A catch-all term usually used to describe
someone who has left his or her country of
origin and arrived in another country usually
to take up permanent residence there.
14
UK Statuses
Refugee status
This status is given when someone has
applied for asylum in the UK and has
been recognised by the Home Office as
UK Statuses
with HP status are allowed to work and
Humanitarian Protection access mainstream welfare systems.
Since April 2003 this status has been
awarded to people who have been refused
refugee status, but cannot be returned to Discretionary Leave
their country of origin as they face serious Awarded to people who have been refused
Terminology
risk to life or person or inhuman or degrading refugee status and who do not fulfil the
treatment or punishment. It is awarded for a criteria for Humanitarian Protection, but
three-year period, at the end of this period the are allowed to stay in the UK for other
circumstances of the case are reviewed. reasons. It is only awarded in very limited
circumstances, sometimes to separated
young people (unaccompanied minors
The basics
under the age of 18 who have made
an application for asylum in the UK).
15
Who seeks asylum in the UK?
THE PERSISTENT MYTH that all asylum In 2006 in the UK the top nationalities of
seekers are really just economic migrants people claiming asylum were Eritrean,
is unfounded. The main countries of origin Afghani, Iranian, Chinese, Somali,
of asylum seekers are not the poorest Zimbabwean, and Iraqi. These are all
countries in the world. They are the countries suffering conflict, upheaval or
countries dominated by conflicts and human well-documented human rights abuses.
rights abuses. The 23,610 applications for asylum
which were made in the UK in 2006 was
In 1998/9, during the Kosovo crisis, the a continued decrease in applications
largest group of people seeking asylum in from previous years as a result of
the UK were from the Former Republic of tighter border controls rather than a
Yugoslavia. In 2001, during the war against reduction in human rights abuses.8
the Taliban in Afghanistan, the largest
group of people seeking asylum came from In 2006 the UN High Commissioner for
Afghanistan, and in 2002 Iraq produced the Refugees found the number of people
largest number of people seeking asylum in seeking asylum in the main 50 industrialised
the UK.7 nations had dropped to 336,000 the fewest
since 1988.9
In my opinion, the media can really play a very crucial role in providing useful
information and guidance to asylum seekers / refugees and reflecting their
plight fairly and impartially. The media can help refugees / asylum seekers to be
included in the society, as opposed to portraying them as unwelcome aliens.
Exiled Journalist living in Glasgow
6
Mori Scotland Poll of 1022 respondents 2004 on behalf of the asylum positive images project
7
IPPR 2003 Asylum in the UK; An IPPR Fact File
8
Home Office Quarterly Asylum Statistics
9
www.unhcr.org
16
People seeking asylum are seeking safety.
Many are not in a position to choose their
destination. In fact the Home Offices own
research finds that the principle aim of
people seeking asylum is to reach a place
of safety and that many arriving in the
UK do not have prior detailed knowledge
of UK immigration and asylum policy,
entitlements to benefits or the availability of
work. However once in the UK, most people
seeking asylum wish to support themselves
through work rather that depend on the state
for support.10
The basics
10
Understanding the decision making of asylum seekers. Home Office research study 24
11
USCR (2003) World Refugee Survey
17
64% of Scots think that Scotland should provide a safe haven to people
seeking sanctuary from persecution.12
The asylum process
Applying for asylum
When someone applies for asylum in the UK they are asking the UK
Government to recognise them as a refugee under the 1951 United
Nations Convention Relating to the Status of Refugees.
What happens next? To apply for asylum people should present
The Borders and Immigration Agency (BIA themselves to an immigration officer upon
previously the Immigration and Nationality arrival at the port of entry i.e. airport or
Directorate (IND)) within the Home Office seaport etc or by visiting the nearest BIA
is responsible for processing all claims Asylum Screening Units. According to BIA,
for asylum and asylum support made in 50% of applications are made at port and
the United Kingdom. In March 2007 they 50% at Asylum Screening Units.
introduced the New Asylum Model, which
D
id you know every year around the globe on the 20th of June people celebrate sanctuary
as part of World Refugee Day? For more information www.refugeeweek.org.uk
19
12
Mori Scotland Poll of 1022 members of the Scottish General Public, 2004 on behalf of Oxfam Asylum Positive Images Project
Screening Interviews
This interview is to gather information
including establishing identity, nationality
and number of dependants. At this point BIA
collect fingerprints, photos and biometric
data. This helps to establish whether the
multi story, Street Level Photoworks. Photo: Isuelt Timmermans
application for asylum can be passed to
another safe third country where the asylum
seeker may have stopped in en route.13 Case study
21
Safe or White list countries a right to lodge an appeal to challenge a
These are countries that the Home Office has negative outcome, if there is a legal case
identified as being safe, and people arriving for doing so. The Asylum and Immigration
from these countries may be subjected to (Treatment of claimants, etc.) Act 2004
fast track processes and restricted rights created a new system for asylum appeals.
of appeal. There are 14 current inclusions A new Asylum and Immigration Tribunal
on this list (which is subject to amendment (AIT) has been established and people
at any time by the Home Office) including: seeking asylum will be given a timeframe of
Albania, Bolivia, Brazil, Ecuador,Ghana 10 days in which to lodge an appeal against
(Males only), India, Jamaica, Macedonia, their asylum de cision. The case owner is
Moldova, Mongolia, Nigeria (Males responsible for explaining the system and
only), Serbia (Including Kosovo but not the timescales to the applicant, and also
Montenegro), South Africa,and Ukraine. for defending their decision in court. If an
asylum seeker is dissatisfied with the judges
The list is subject to change. India was only decision, they may apply to the AIT for the
added in January 2005. Countries can also case to be reconsidered but this will only
be removed from the list as was the case be accepted if it is believed the judge made
with Sri Lanka after a court case finally an error of law. The time to lodge an appeal
determined that is was unlawful to call Sri with the AIT has been reduced to 5 days. In
Lanka a safe country.14 Scotland such cases are heard by the Court
of Session (Inner House).
The right to claim asylum is a right of all
people and takes into account individual
persecution. Therefore Oxfam, and others, Legacy cases
believes that the notion of Safe County is a In July 2006, the previous Home Secretary,
false one that may lead to cases not being John Reid, announced a review to resolve
heard on their individual merits. Even in the backlog of old cases (more than 400,000)
countries that might appear more peaceful, by 2011, called the Legacy Review or case
individuals may be targeted for persecution resolution. All unresolved asylum claims
and may need to flee for their lives to safety. lodged before the introduction of the new
Asylum Model are part of this review and
referred to as Legacy Cases. In Glasgow
Appeals more than 1100 families fall into this category,
On receiving a decision from the Home Office and it is estimated that more than 80 percent
regarding the initial outcome of an asylum have been in the UK more than 3 years.
application, a person seeking asylum has
22
14
Court Case Mr K v Secretary of State for the Home Department (2006) EWHC
Case study
Refusal letter extract:
You claim that as soon as you arrived at the of human rights which may have been
Central Police station you were tortured. You committed by members of the security forces
claim that while you were handcuffed one of in Algeria; however, he does not accept that
the men asked you questions and started to they are evidence of persecution within the
hit you in the face and that you were cursed. terms of the United Nations Convention.
You claim that during this time they wanted The Secretary of State further notes that
you to admit that you had killed your friend the Algerian Government does not condone
but you refused. You claim that you were such violations
kept in a prison cell and they brought you
back again for more questioning. You claim In order to bring yourself within the scope of
that they placed soapy rags in your mouth the United Nations Convention, you would
until you agreed to sign the paper because have to show that these incidents were not
23
Detention
Immigration detention centres or removal
centres as they are currently known, are
holding centres for foreign nationals some The main detention/removal centres and
of whom may be awaiting decisions on their their capacities are:
asylum applications or awaiting deportation Campsfield (198), Dungavel (190), Dover
following a failed application. However (316), Kalyx (previously Harmondsworth
it is important to point out that people (551), Tinsley House (137), Yarls Wood
seeking asylum are liable to detention at (405), Lindholme (112), Colnbrook (313)15
any time throughout the asylum process.
Harmondsworth and Yarls Wood are Fast
The main reasons for detention are: Track asylum-processing centres. Fast
To effect removal Tracking for Women who are seeking asylum
To establish a persons identity or basis of commenced in May 2005 at Yarls Wood.
claim
Where there is reason to believe that a At the end of 2006, approximately 1455
person will fail to comply with any conditions people who had sought asylum at some
attached to a grant of temporary admission stage were being detained in the UK solely
to UK or release under Immigration Act powers. More than
1000 asylum-seeking children were held in
The Nationality, Immigration and Asylum act detention in 2006.16
2002 includes powers to detain children. The
power to detain people coming to the UK was The use of detention is controversial.
first introduced by the Immigration Act 1971. Opponents of detention argue that detaining
people who have committed no serious
crime, and in many cases who have
According to the UN, the UK detains come to the UK to escape persecution
more people for longer periods and is an extreme sanction. There have also
with less judicial supervision than any been concerns raised about conditions
comparable country in Europe. within these centres and the welfare of
detainees. There have been a number of
disturbances within detention centres and
a number of detainees have attempted
to or indeed committed suicide.
15
ww.ncadc.org.uk
w
16
www.homeoffice.org.uk
24
60% of Scots do not believe that
children should be held in secure
accommodation whilst their familys
applications for asylum are being
considered.17
17
Mori Scotland Poll of 1022 Scots, 2004 on behalf of Oxfam
18
Detention of people who have sought asylum, Amnesty International 2005, www.amnesty.org.uk
19
HM Chief Inspector of Prisons 2006 Report on an announced inspection of Dungavel House Immigration
Removal Centre. www.inspectorstcs.justice.gov.uk/hmiprisons
25
Case study
Detention
Daren had just turned 16 when he arrived
in Glasgow in early 2004 after a long
and arduous journey to the UK. Daren
was told to give immigration officers who
interviewed him a date of birth which would
make him over 18 years old. Although he Removals
subsequently informed removal centre People seeking asylum who are not
staff that he was a child, no independent recognised as refugees in the UK, or
age assessment was undertaken and he given any other form of leave to stay are
was treated as an adult. Daren was taken expected to leave the UK. The Border
to Dungavel but after two weeks was and Immigration Agency may take active
transferred to Oakington, where he stayed steps to remove someone and issue
for one week before being transferred a deportation order. In 2006 18,280
again, this time to Tinsley House, and then refused asylum applicants (including
shortly afterwards, to Harmondsworth. dependants and voluntary returns) were
removed from the UK. See the Home
After his asylum application was refused, Office site for up-to-date statistics.
an attempt was made to remove Daren
from the UK but he insisted he was a child Sometimes a person may find himself
and was taken off the plane and returned or herself in a position whereby the BIA
to Tinsley House after the captain of the has not detained them but has refused to
aircraft intervened. At Tinsley House, grant them any form of status and also
Daren made contact with the visitors group cannot remove them from the UK. Asylum
who put him in contact with the Refugee applicants in this position will be evicted
Councils childrens Panel. Daren was age from their accommodation and are not
assessed and found to be under 18. After legally allowed to work. They may apply for
55 days in detention, Daren was released section 4 support that constitutes shared
into the care of social services. accommodation and vouchers to cover
subsistence (paid at a lower rate than
Source: No Place for a Child Children in UK Asylum Support).
immigration detention. Save the Children 2005
www.savethechildren.org.uk
26
Non-refoulment Case study
This is the principle whereby it is unlawful for
a country such as the UK to return or transfer In mid-2003, hundreds of Eritrean
a person to a place where his or her life or asylum seekers were rescued at sea by
freedom may be in danger. It must be taken Maltese authorities when their boats were
into account at the beginning of the asylum shipwrecked in the Mediterranean Sea.
process when authorities are considering The Eritreans were detained in Malta.
removing someone to a safe third country
(e.g. because that person has stopped in Malta, as a state party to both the 1951
another country considered to be safe before Refugee Convention and the European
applying for asylum in the UK) to ensure convention on Human Rights is bound
that the UK does not participate in a chain to comply with its obligations under
of events that would lead to a person being international law. Of the 400 asylum
returned to the country they have fled. seekers rescued at sea, 220 were forcibly
deported back to Eritrea. These included
It must also be taken into consideration those who had not yet lodged a claim
20
27
Source: Foreign Territory, The Internationalisation of EU Asylum Policy Oxfam 2005. www.oxfam.org.uk
Voluntary Return
At any point in the asylum determination
process a person can seek assistance
to return voluntarily to their country of
origin. The International Organisation for
Migration (IOM) can help to facilitate this
for those people who cannot return without
assistance. People may choose to return
for a variety of reasons, e.g. there has been
21
www.ind.homeoffice.gov.uk/applying/nationality/
28
Case study
Iraq
Widespread violence continued to escalate
in Iraq throughout 2006 killing or injuring
tens of thousands of Iraqi civilians. Many
Case study killings took on an increasingly sectarian
nature. Iraqi security forces committed
Democratic Republic of the Congo widespread human rights violations,
The presidential and legislative elections including the killing of civilians and torture
in 2006 were marked by numerous human and other ill-treatment of detainees.
rights violations.
Soldiers belonging to the US-led
Insecurity, ethnic tensions and human Multinational Force (MNF) have been
rights abuses continued throughout 2006 prosecuted on charges that include the
in the DRC, including unlawful killings, killing, rape or inhumane treatment of
Accommodation
rape, torture and ill-treatment, recruitment civilians. The MNF held thousands of
and use of child soldiers, arbitrary arrests people in arbitrary detention without charge
and unlawful detentions. or trial.
ARC Cards
including the justice, health and education The violence has displaced hundreds of
sectors, in a state of near-collapse. thousands of Iraqis, who fled the country
and sought refuge abroad.
More than 1.6 million people were
internally displaced, while 410,000 Source: Amnesty International Annual Report
were living as refugees in neighbouring 2007
Asylum support
countries.
Source: Amnesty International Annual Report
2007
29
Asylum support
Financial support in the asylum system In Scotland the Scottish Refugee Council
Throughout the asylum process support and the YMCA work in partnership to provide
may be available through BIAs Asylum an induction facility to newly arrived asylum
Support system (previously through National seekers. This is called Section 98 support.
Asylum Support Service (NASS)). People
may be eligible for support in the form of If a person is successful in applying
accommodation and cash support or cash for support they will be dispersed to
support if alternative accommodation is accommodation in the region. Currently
available, for example if a person seeking Glasgow is the only local authority in
asylum can stay with friends or relatives. Scotland that has a contract with the Home
Office to accept dispersed asylum seekers.
To qualify for support a person must Accommodation will be allocated dependent
have applied for asylum, be destitute on need and on a no-choice basis.
(have no funds to support themselves) Sometimes it will be required for people to
and have applied for asylum in the UK share accommodation with other people
as soon as reasonably practical after seeking asylum.
arrival. Reasonably practical is currently
defined as within three days. There are BIA also provides essential living needs
many reasons why a person may not including cash support and maternity
be able to apply for asylum upon arrival payments. BIA provides subsistence support
in the UK including the most obvious equivalent to 70% of current income support
of not knowing whom to contact. levels (100 per cent for those under 16 years
of age) This means people seeking asylum
If BIA agrees to process an application for get by on 30% less than what is considered
support to a person seeking asylum they the absolute minimum sum needed for a
may send people to induction centres whilst UK national to subsist. Weekly levels of
their support needs are being assessed. entitlements from 9th of April 2007 are:
This could be anywhere in the UK. Induction
aims to be carried out over a 14 day Qualifying Couple 64.96
period and people will be able to receive Lone Parent (aged 18 or over) 41.41
information regarding the asylum process Single Person (aged 25 over) 41.41
and rights and responsibilities. They can Single person (age 18-25) 32.80
access health care and other services. Person aged 16-18 35.65
22
Child under 16 47.45
Asylum support
able to apply for support (called Section the asylum process. In practice, asylum
4 support) but only if they cannot be seekers are not able to work and are forced
returned to their country of origin. For to accept support from the Government.
others it means eviction from their
accommodation and potential destitution.
D
id you know 27th January is
Holocaust Memorial Day?
31
Destitution
Destitution is a state of extreme or severe government support. New refugees can
poverty and a person can become destitute also experience destitution because of
at any point in the asylum process. Being delays in accessing mainstream benefits.
destitute is the eligibility criteria for receiving
support from the BIA. However even if BIA Research by Scottish Refugee Council
provides a person with support there are about people seeking asylum experiencing
many reasons why a person could again destitution in Scotland found that:
later become destitute, including through The majority of asylum seekers who
administrative errors. At the end of the asylum become destitute in Scotland have been
determination process there is the potential refused status and at the end of the
risk of destitution when BIA withdraws asylum process. Asylum seekers at the
support completely from people, and end of the process were unwilling to
there is no other option of support. People take up Section 4 support because of
effectively are left destitute and homeless the conditions attached to it (they often
because they have no rights to access any have to sign up for voluntary return).
32
Case study
Administrative errors and procedural delays The National Asylum Support Service
within the National Asylum Support Service stopped Kerims support. NASS also
(NASS) system are additional causes of stopped supporting Hulya and the children
destitution. The current support system fails because she had leave to remain.
to provide an adequate safety net to prevent
people becoming destitute. Hulya (now entitled to receive welfare
Destitution
People experience destitution through all benefits) had trouble accessing them.
stages of the asylum process: the problems There was a mistake in processing her
of destitution are not related only to specific application due to a mix up between two job
policies, but are inherent in the underlying centres. Hulya now receives 23.00 a week
policy-framework.23 benefit for herself. There are problems
Asylum support
accessing benefits for the two children. The
Scottish Refugee Council research whole family of four are struggling to survive
echoed some of the concerns raised by on a single persons benefit. Hulya is
earlier research conducted by Refugee frustrated, there is no money for school,
Survival Trust. 24 or food or bus passesIm very, very tired
Source: Adapted from Whats going on?
a study into destitution and poverty faced
by asylum seekers and refugees in Scotland
23
Scottish Refugee Council (2006) Refugee Survival Trust 2005. www.rst.org.uk
They think we are nothing
24
Refugee Survival Trust (2005) Whats going on?
33
Rights and entitlements for people
claiming asylum
25
Oxfam and Refugee Council 2002 Poverty and Asylum in the UK
26
BMA 2002 Asylum seekers: meeting their healthcare needs
34 27
Refugee Council (supported by Oxfam) 2006 First Do No Harm: Denying Healthcare to
those whose asylum claims have failed.
Access to Education there is no evidence of a higher rate of
Young people seeking asylum under the criminality. In fact, according to ACPO, having
age of 16, either unaccompanied or as part fled danger in their home country, asylum
of a family unit have a statutory right to a seekers are more likely to become the victims
school education. People seeking asylum are of crime in the UK.28
eligible to have fees paid at Further Education
colleges for ESOL (English as a second or
Other Language) courses as well as National Volunteering
Certificate courses and other non-advanced People seeking asylum are allowed to
courses (HNC/HND) up to 16 hours per week. volunteer. This includes whilst they are
appealing against a decision to refuse them
Access to Higher Education courses has been asylum, and those whose application has
extremely difficult. Applicants have to pay been turned down, but are registered with the
international course fees and demonstrate International Organisation for Migration (IOM)
they can support themselves financially. In for return to their home country when practical.
addition, people seeking asylum are not People seeking asylum will have been issued
eligible for Student Support, Access Funds or with a document saying that they must not
Hardship Loans. A college or University may engage in paid or unpaid work but this does
make concessions for its own reasons. not include genuine voluntary work.
35
28
ACPO 2001, Guide to meeting the Policing needs of asylum seekers and refugees
Asylum in Scotland
Asylum in Scotland
Refugee Council and Glasgow City Council. not apply to Scotland as housing is a devolved
This provides a forum for asylum seekers matter and refugees can apply to another local
and refugees to influence social policy authority in Scotland for housing.36
and planning of services within their local
33
Correct as of August 2007, figures provided by COSLA Strategic Migration Partnership
34
ww.nrif.org.uk/docs/RefugeeIntegrationConsultationPaper.pdf There are many definitions of integration but for our
w
purposes we mean the process that takes place when refugees are empowered to achieve their full potential as members
of British society, to contribute to the community, to access public services and to become fully able to exercise the rights
and responsibilities that they share with other residents of the UK. Within this context the term refugee means a person
who has been recognised as such (as opposed to asylum seekers)
35
ationality, Immigration and Asylum Act 2002; Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;
N 37
Immigration, Asylum and Nationality Act 2006
36
It also means that they can make an application in England or Wales.
A very recent example is the UK Borders Bill Dawn raids
which is currently passing through the UK Better public support particularly in areas
Parliament. Provisions in the Bill will extend where asylum seekers live in Glasgow has
the powers of immigration officers at ports, been one of the reasons for the public outcry
allowing them to detain and search anyone against the use of early-morning enforced
on suspicion of any offence (including non- removals, so called dawn-raids to detain
immigration offences) for up to 3 hours. refused asylum seekers and their children
However, these powers will not currently before returning them to their country of
take effect in Scotland as they lie within the origin. Combined with a high-profile media
devolved area of criminal justice. campaign, this led to the Scottish Executive
in September 2005 to raise concerns with
the Home Office, particularly around the
A warmer welcome? impact that enforced removals were having
Political discourse surrounding immigration on children. Subsequently, the Home Office
in Scotland has been more favourable agreed to certain measures including the
than in the rest of the UK. This has creation of a new post of Regional Director
contributed to better media and public for Immigration in Scotland, a review of
attitudes towards asylum seekers and how removals of families are conducted
refugees. In 2006 Scottish Refugee Council by the Home Office; and to work with a
commissioned research into attitudes proposal from the Executive to introduce
towards asylum seekers in Scotland.37 a lead professional who would take
The key finding was that there is greater responsibility for coordinating information
tolerance to asylum seekers in Scotland from health, education, police and social
compared to England and Wales; and work professionals. This information can then
many Scots are supportive of the principle be provided to BIA to help it take informed
of asylum, and feel that people fleeing decisions on the management and timing of
persecution should be offered sanctuary. the removals.
D
id you know every 26th June is the UN
International day for Victims of Torture?
38 37
arm Welcome? Understanding Public Attitudes to Asylum Seekers in Scotland, Miranda Lewis, ippr, 2006
W
www.scottishrefugeecouncil.org.uk/pub/Warm_Welcome
Scottish Cabinet memo Granting the children of asylum
The SNP administration which took power seekers the same rights as other
in summer 2007 continues to put pressure children in Scotland in terms of
on the Home Office. On 3 August 2007, they nursery provision and access
published a cabinet memo on asylum. This to education was not courting
includes: popularity. But delegates it is right.
Opposition to dawn raids and the detention It is about decency and fairness. It
of children in Dungavel; is about the sort of people we are.
Expectation that families in the legacy The sort of Scotland we want to be.
review who arrived prior to March 2006 Alex Salmond, First Minister of Scotland,
should be granted leave to remain; SNP Conference speech, 2007.
Asking the Home Office to reconsider the
right to work for asylum seekers;
Taking all steps to protect and promote the
best interests of all children in Scotland; and
Sometimes it seems that simply
Seeking full implementation of the issues
arriving in the UK is a crime in itself.
the previous Scottish administration
That seems to be what people are
discussed with the Home Office.38
saying. But this was not an easy
option for me.
I hope the media can provide the
public with information to help
people understand that seeking
asylum is a desperate measure, not
a crime.
Female exiled journalist seeking asylum
in Glasgow
Asylum in Scotland
38
ww.scotland.gov.uk/News/News-Extras/asylum-issues
w 39
Key asylum legislation
UK Legislation
In June 2007 the Home Office called for
consultation to Simplify Immigration Law
that may see a consolidation of existing multi story, Street Level Photoworks. Photo: Iseult Timmermans
42
UNHCR The UN Refugee Agency
43
Useful
Scottish Refugee Council was founded in This was set up to facilitate the delivery of
1985 to provide advice and assistance to accommodation and support services to
individuals who are forced to leave their own asylum seekers and refugees in Scotland.
country and seek protection in Scotland. In 2007 their remit was extended to include
It has evolved over the last 20 years migration issues more widely. Their main
and is the only independent professional role is to provide strategic oversight to
agency in Scotland dedicated to refugee the services provided to asylum seekers,
and asylum issues. A registered charity in refugees and migrants in Scotland.
The Media
Scotland, Scottish Refugee Council has a They work in partnership with a range of
diverse funding base and is supported in organisations to achieve this.
its work by a wide range of organisations.
Scottish Refugee Council campaigns to Scottish Government
ensure that the UK government meets Contact: Press Enquiries
Useful contacts
its international, legal and humanitarian t. 0131 244 1111
obligations as well as to raise awareness e. N/A
of refugee issues in Scotland. www.scotland.gov.uk
46
The Bridges Project the production of a guide, Welcome to
Contact: Director Glasgow an information guide for new
t. 0141 554 5440 arrivals and refugees in English and six
e. admin@bridgesprogramme.org.uk other languages
www.bridgesprogrammes.org.uk Destitution support providing emergency
support to destitute asylum seekers.
The Bridges Project develops work-based A refugee newspaper providing information
interventions for refugees and asylum and guidance to refugees and asylum
seekers. It has an established work shadow seekers in Scotland.
scheme, which puts asylum seekers in the
workplace alongside indigenous Scots of the
same profession. Equality & Human Rights Commission
in Scotland
The Bridges Project also works with a range Contact: Press Office
of other organisations to develop training t. 0141 245 1855
and accreditation programmes for refugee e. Scotland@ehrc.gov.uk
professionals. They also have a mentorship www.equalityhumanrights.com
and training programme for unaccompanied
Other contacts
asylum seeking children. The New EHRC is working to eliminate
discrimination, reduce inequality, protect
human rights and to build good relations,
British Red Cross, Refugee Unit, Glasgow ensuring that everyone has a fair chance to
Contact: Manager Refugee Services participate in society. In relation to asylum
t. 0141 332 1607 issues, they can provide information and
e. scotland@redcross.org.uk advice to people who think they have
The Media
www.redcross.org.uk suffered racial discrimination. Their work also
includes promoting good race relations.
The British Red Cross provides a range of
services for asylum seekers and refugees in
Scotland. These include:
Useful contacts
the International Tracing and Message
service helping families separated by
conflict regain contact
Orientation Service assisting asylum
seekers and refugees to access services
in Glasgow through the support of trained
volunteers
47
Exiled Journalists Network Immigration Advisory Service
Contact: Development Officer Contact: Manager
t. 0117 941 5889 t. 0141 248 2956
e. ejn@mediawise.org.uk e. scotland@iasuk.org.uk
www.ejn.org.uk www.iasuk.org
The EJN was set up support Exiled IAS is the UKs largest charity dealing with
Journalists living in the UK and to challenge asylum seekers and immigrants, providing
misrepresentation of refugees and asylum free advice in Scotland to those facing
seekers by the mass media. They try asylum or immigration difficulties.
to promote the best practice in media
representation of refugee and asylum issues.
They are currently a network of over 150 Positive Action in Housing
members and has taken over the work of the Contact: Director
Refugee Asylum Media project believing t.0141 353 2220
the best people to talk about these issues are e. info@paih.org
asylum seekers and refugees themselves. www.paih.org
48
Refugee Survival Trust Strathclyde Police, Community Safety
Contact: Manager Department
t. 0131 554 6776 Contact: Asylum Seeker Liaison Officer
e. info@rst.org.uk t. 0141 532 2483
www.rst.org.uk e. contactus@strathclyde.pnn.police.uk
www.strathclyde.police.uk
The Refugee Survival Trust prevents the
destitution of refugees and asylum seekers Strathclyde Police aims to build safer
in Scotland through the provision of small communities to improve understanding and
grants/assistance. Grants are only given encourage respect between people from
to those within the asylum process, and different backgrounds. They do this through
only when no other source of support is a network of dedicated community police
immediately available. officers who work in areas where asylum
seekers are housed. These officers can be
contacted through your local police office.
Save the Children
Contact: Refugee Programme Manager
t. 0141 248 4345
e. scotland@savethchildren.org.uk
www.savethechildren.org.uk/caris
Useful contacts
49
50
Essential websites
www.amnesty.org.uk/scotland www.icar.org.uk
Contains information on Amnestys work The Information Centre about asylum
detailing oppression and human rights seekers and refugees, an independent
abuses throughout the world. centre that exists to promote understanding
of asylum in the UK and contains links to a
www.asylumaid.org.uk number of research reports.
Asylum aid offer free legal advice and
representation to refugees and asylum www.iom.int
seekers in the UK. This site also contains International organization for migration.
really useful resources that focus on women Provides information about voluntary return
seeking asylum in the UK. programmes amongst other things
www.asylumsupport.info www.jcwi.org.uk
Asylum support information, policy updates, Joint council for the welfare of immigrants,
latest news stories and an email bulletin. information regarding law and policy.
www.biduk.org www.nuj.org.uk
Bail for Immigration Detainees, a free National Union of Journalists site, contains
dedicated bail service for detainees under UK information and guidance on reporting
immigration legislation asylum issues.
www.ein.org.uk www.oisc.org.uk
Electronic immigration network information Office of Immigration Service Commissioner,
on refugee law and policy information on the regulations governing
immigration advice in the UK.
Useful websites
www.ecre.org
European Council on Refugees and Exiles. www.oxfam.org.uk
Oxfam provides information on International
www.exiledjournalists.net Development and Asylum
Organisation set up to help exiled journalists.
Provides EJN News online. www.scottishrefugeecouncil.org.uk
Information on asylum and refugee issues in
Scotland.
51
www.pcc.org.uk www.worldrefugee.com
Includes Press Complaints Commissions A web site that covers the news headlines
code of conduct and guidance on reporting from across the globe in relation to asylum
asylum issues. and refugees issues.
Design by Context Edinburgh t. 0131 477 9744 / m. 07952 184 166. Printed on environmentally friendly paper
Oxfam GB 2007 a member of Oxfam International. Registered charity no. 202918. www.oxfam.org.uk
www.rfs.org www.refugee-action.org.uk
Reporters without Borders, an organisation Refugee Action is an independent national
Thank you to Street Level Photowork for kindly allowing us to reproduce images from multi-story
fighting for press freedom and denouncing charity that works with refugees to build
violations of human rights all over the world. new lives in the UK. The organisation
has 23 years of experience in reception,
www.rsc.ox.ac.uk resettlement, development and integration,
The Refugee Studies Centre at Oxford and provide advice and support in 10 regions
University gives information on various across England.
courses, research, journals and academic
papers regarding refugee issues. www.scottishhumanrightscentre.org.uk
Scottish Human Right Centre information on
www.refugeecouncil.org.uk human rights development in Scotland.
The Refugee Council is the largest
organisation in the UK working with asylum
seekers and refugees. In addition to
providing help and support, they also work
with asylum seekers and refugees to ensure
their needs and concerns are addressed.
www.unhcr.org.uk
The UNs Refugee agency, contains
information on global refugee situations.
This guide has been part funded by the ESF under the Equal
Community Initiative Programme. The contents do not necessarily
reflect the opinion or position of the European Commission or the
Department of Work and Pensions.
The producers of this publication cannot accept responsibility for the acts or omissions of any of the organisations, third parties or websites
mentioned in the guide, and inclusion within this guide does not signify endorsement. The producers of this guide have made every effort
to ensure that the information within is accurate, however in a fast changing policy environment key information is likely to change.
We hope that you found this guide useful, if you have any comments or would like further information please contact the Asylum Positive
52 Images Project at Oxfam t. 0141 285 8880 or email: Scotland@oxfam.org.uk
Oxfam produced this guide in
collaboration with Amnesty International
Scotland, Scottish Refugee Council and
the National Union of Journalists