Statelessness Leave Applicant photographed during lockdown whilst waiting for the tube in London. © UNHCR/Katie Barlow.
The other interviewee who had been in detention
for four years explained how difficult it can be to
maintain a continuous relationship with a legal
advisor whilst in detention. He explained that legal
advisors do indeed come to the detention centre,
however, it was very hard for him to get hold of
them once instructed. After being refused bail
approximately 35 times and after a bail hearing in
court, he was finally released on bail.
SUGGESTIONS FOR IMPROVEMENT
All the interviewees shared their views on how the
SDP could be improved. The main three things they
all called for were shorter application processes,
interviews as a routine part of the application
process and legal aid.
All interviewees spoke of their frustration and distress
at the length of the application process. Some spoke of
themselves or their solicitor writing to the Home Office
several times but receiving no response.
Some remarked that, had the Home Office
interviewed them, their situation would have been
resolved more quickly. Three had been interviewed
as part of their statelessness leave application.
‘They need to look at each case separately and
talk with people through their situations”. This
may resolve situations much faster and also assist
in establishing credibility. You’re never going to
understand the case until you’re in front of that
person and can see how it affects them. There is a
perception of disingenuous people and that’s
not right.’ – Paul
Finally, many interviewees mentioned the necessity
of legal aid. They explained that good and robust
legal advice is essential given the complexity of
their situations. However, many of them remarked
that often stateless persons can’t afford to pay for a
solicitor, particularly if they have been in the UK for a
prolonged period with no right to work.
‘One of the most difficult things is that most people
who apply, apply by themselves. They don’t know
how to fill in an application, don’t know the legal
process, don’t know how to put their argument in
a legal or professional way. And have no money to
pay for the application.’ – Khalil
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