Journey of an Asylum Seeker
This information has been used, with permission, from Refugee Action, which outlines the discussed issues in more detail.
What kind of backgrounds do asylum seekers come from?
Asylum seekers are not from one religious, social, economic or ethnic background. They are men, women and children who are from a huge range of cultures, ethnic groups and faiths. The social and economic backgrounds of asylum seekers also vary widely, though many tend to be professional people who have the financial means and contacts to escape their countries.
Why do asylum seekers come to the UK?
Asylum seekers are forced to leave their countries because of war or because they are being persecuted by the state or other groups or individuals. To qualify for refugee status in the UK, an asylum seeker must prove that he or she has been persecuted because of their race, religion, nationality, membership of a social group or political opinion, as laid out in the 1951 UN Convention on Refugees.
For example, in Zimbabwe members of the opposition party, the Movement for Democratic Change (MDC) have been persecuted for their political opinions and activities. Many report government-backed kidnappings, torture, unlawful arrest and intimidation for their MDC membership. In 2004 more than 2,000 Zimbabweans applied for asylum in the UK, making them the fourth largest national group. (footnote) 1
Most asylum seekers flee to neighbouring countries in the developing world. Those who reach the UK and other western countries may have linguistic or cultural links to those countries due to the west's colonial history. The UK also has a reputation as a safe and democratic country. However, many rely on an 'agent' to help them reach safety and do not know where they are going.
How do asylum seekers reach the UK?
People fleeing persecution often have to leave their countries, their friends and families at short notice. If they have been persecuted by the state they will want to avoid attracting the attention of the authorities and so they are often forced to pay an 'agent' to arrange fake documentation to help them escape. Some asylum seekers may travel by plane to safety while others are smuggled by sea. These journeys can be arduous and dangerous. People, including children, sometimes have to be smuggled in containers or cramped in vehicles for long periods of time, which can lead to physical and mental health problems and malnutrition. The 1951 UN Convention on Refugees states that an asylum seeker should not be penalised for entering a country illegally as long as they present themselves to the authorities on arrival.
What do asylum seekers have to do when they first arrive?
When an asylum seeker arrives in the UK he or she is required to present themselves to the Immigration Service at an airport or port or 'in country' at one of two Asylum Screening Units (ASUs), based in Liverpool and Croydon.
What happens next?
The Immigration Service will take an asylum seeker's photograph and fingerprints. They issue the applicant with an ARC or Asylum Registration Card, which is like an identity card that must be carried at all times. If an asylum seeker can prove he or she is destitute, then they can apply for housing or subsistence-only support from the National Asylum Support Service (NASS), a branch of the Home Office. Some asylum seekers are immediately detained upon arrival if immigration officers believe that their case is 'straightforward' and can be dealt with quickly. They are held in Oakington Reception Centre in Cambridgeshire for 7 to 10 days while their application is fast-tracked. If it is refused, they have no right to appeal in the UK and are removed back to their countries of origin. More than 6,500 asylum seekers were processed at Oakington in 2004. (footnote) 1
Where do asylum seekers live?
Asylum seekers are initially placed in temporary, short term accommodation. This can be either an induction centre or 'emergency accommodation' - a hostel or house owned by private landlords or housing associations. These are run by councils or charities and paid for by the Home Office.
In induction centres, staff give asylum seekers briefings on how the asylum system works, information on UK law and their obligations and responsibilities while they reside in the UK.
After a short time, asylum seekers are 'dispersed' to houses or flats across the country run by NASS. Asylum seekers cannot choose where they live. They are not given council housing or entitled to housing benefit. Some asylum seekers do not need housing and apply for 'subsistence only' support. They may have friends, family or relatives to live with.
What financial support are asylum seekers given?
Asylum seekers cannot claim mainstream income support. Their support comes direct from NASS. Single asylum seekers aged over 25 are entitled to £38.28, while single people under 25 receive £30. An asylum seeker is entitled to £42 a week per child under 16. This is 70 per cent of what a UK citizen claiming income support would receive. A UK citizen over 25 receives £55.65 and someone aged 18-24 receives £44.05.
Are asylum seekers allowed to work?
Most asylum seekers are not allowed to work. They can only work after they are given leave to remain in the UK.
What are asylum seekers allowed to do?
Asylum seekers are allowed to undertake voluntary work and attend subsidised courses at college, but not higher education. The children of asylum seekers are entitled to attend the local state school.
Who decides if an asylum seeker should be allowed to stay?
An asylum seeker will have an interview with the Immigration Service at which they are expected to present all their evidence. The Immigration Service then either grant refugee status or refuse asylum. Under some circumstances an asylum seeker may qualify for humanitarian leave or discretionary leave to remain. This means they can stay in the UK temporarily for a fixed period, after which they must leave the country or apply for permanent leave to remain.
Asylum seekers who are refused have the right to appeal. If their appeal fails, a small number of people who have strong evidence that their appeal has been wrongly dismissed, can take their case to a judicial review, overseen by a judge.
How long does an asylum seeker have to wait for a decision on his or her case?
There is no set time period for an asylum seeker's case to be decided upon. However, figures from the Home Office say 82 per cent of applications lodged between April 2003 and March 2004 had initial decisions reached and served within two months, 90% within 4 months and 94% within six months. (footnote) 1 Appeals take longer.
What happens when someone is allowed to stay in the UK?
When someone is allowed to remain in the UK indefinitely they become a refugee. Refugees are then entitled to work and claim mainstream benefits, but they do not have the same rights as UK citizens - for instance they are not allowed to vote or to carry a UK passport. However, a refugee may apply for citizenship.
What happens if someone is refused asylum?
If an asylum seeker has exhausted all avenues of appeal any support they had is taken away. They are asked to leave their accommodation and return to their country of origin. A rejected asylum seeker can apply for a special allowance known as 'hard case' support. They are entitled to this only on condition that they sign up to return voluntarily to their country of origin as soon as possible or if they can prove they are too ill to travel. 'Hard case' support is board and lodging in a hostel on a no choice basis.
What if the person refuses to voluntarily return to their country of origin?
Some rejected asylum seekers refuse to go home voluntarily because they believe that their application has been wrongly refused and that they will face persecution if they return. A person who does not take steps to return to their country is left destitute and often has to rely on friends, charities and faith groups for food and protection. Families were previously supported if they had children under 16 but recent legislation makes it possible for the government to remove support from parents and take children into care.
Rejected asylum seekers can be detained by the Home Office in a detention centre and forcibly removed from the UK. Between October and December 2004, 2,755 asylum seekers were forcibly removed from the UK. (footnote) 1
Further reading
- Home Office, Asylum statistics: Fourth Quarter 2004 (PDF)
- 1951 UN Convention on Refugees
- Amnesty International, Zimbabwe Rights Under Siege
Refugee Action is an independent national charity working to enable refugees to build new lives in the UK. They provide practical advice and assistance for newly arrived asylum seekers and long-term commitment to their settlement through community development work. If you would like more information on Refugee Action or asylum seekers and refugees in the UK please visit their website or call 020 7654 7700.
Asylum in the UK
The history of refugees in Norfolk has shaped distinctive elements of our local identity.
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