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Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned
2014 data provide a more complete picture of
the outcomes for asylum seekers. As at May
2016, of the 25,033 main applicants who applied
for asylum in 2014, an estimated 12,563 (50
per cent) were granted asylum, humanitarian
protection or discretionary leave, either at initial
decision or after appeal; 9,941 (40 per cent)
were refused or withdrawn; and 2,529 (10 per
cent) were still awaiting confirmation of an initial
decision or appeal outcome (Home Office 2016a).
Of the 9,941 whose applications were refused
or withdrawn, as at May 2016 there had been
2,755 enforced removals (including returns from
detention), 882 voluntary departures and 440
assisted voluntary returns.
Previous research, including work by the Refugee
Council (2012), has listed a number of reasons
why people do not return. Many continue to
believe that their lives are at risk and that they will
face persecution if they return, even if the Home
Office believes their fears to be unfounded. In
some cases, their concerns may be justified, but
they have been unable to put their case effectively
because they lacked access to good quality legal
advice or representation. They may believe the UK
government has made a mistake and, therefore,
are preparing a fresh claim for asylum.
Another reason – one less debated and understood in public policy discourse – is that the
person cannot be returned.
of the relationship with the relevant embassy or
foreign government and the nature of the process
itself. The embassy or foreign government defines
how the process operates for their nationals and
ultimately makes the decision as to whether or not
to issue an ETD in each individual case. Lack of
diplomatic ties between the UK and the country
of origin and the unwillingness or inability of an
embassy or high commission to recognise or redocument their nationals can make it difficult for a
refused asylum seeker to obtain a travel document
(BID 2016). At the time of the report: An inspection
of the emergency travel document process May–
September 2013 (Independent Chief Inspector
of Borders and Immigration 2014), there were 78
different ETD processes in operation.
There may also be logistical and practical
difficulties associated with lack of direct flight
routes or transporting people to countries where
airports are not operational. From April 2011 to
December 2015, Refugee Action delivered the
Choices Assisted Voluntary Return (AVR) service,
which provided independent, impartial advice
and support to individuals considering returning
voluntarily to their home countries. Refugee Action
maintained a list of countries to which people
could not be returned. As at December 2015,
Palestine, Syria and Yemen were all listed as
impossible to return people to, due to there being
no direct flight route (Refugee Action 2016).
1.1.1 Establishing nationality
1.1 The logistics of return
To leave the UK, a refused asylum seeker will
need a travel document. The Home Office Country
Returns Guide (Home Office 2016b) details the
type of travel document required. The Home Office
can issue European Union letters (EULs) for certain
countries, such as Ethiopia. However, even then,
EUL removals to Ethiopia can only be arranged
once approved by the Ethiopian authorities
and removals must be supported by evidence
clearly demonstrating Ethiopian nationality (Home
Office 2016b). Many countries do not accept
an EUL and will only accept a valid passport or
emergency travel document (ETD). The Country
Returns Guide details the expected timescale
for acquiring an ETD, depending on the type of
evidence submitted (original, copy or none). For
many countries, including Algeria, Eritrea and
Zimbabwe, the returns guide contains the entry
“no established timescales” (Home Office 2016b).
The efficiency and effectiveness of the ETD
application process relies heavily on the strength
A number of factors may result in a person not
being able to establish their identity to the satisfaction of their embassy so as to obtain new
travel documents. According to York (2015), these
include:
>> Where a person has no national documents
or any other form of identity (ID) because
they never had any, the documents were
destroyed on entering the UK, or they lost their
documents while living in the UK.
>> Where, because of war, unrest or
environmental catastrophe, a person has spent
most of their life outside their country of origin.
>> Where a person finds that their country of origin
has become part of another country and they
are unable to establish their nationality.
>> Where the Home Office disputes a person’s
nationality on the basis of language analysis,
alleged inconsistencies in their asylum claims
or their own changed story.
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