2    Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Research objectives The objectives were to explore, from the viewpoint of refused asylum seekers who cannot be returned, and of the British Red Cross staff who work with them: >> What living in limbo means for this group, including how they meet their basic needs for money, accommodation, food and clothes. >> Provide funding for travel to embassies to facilitate the process of gathering documents. 3. Where appeal rights exhausted individuals cannot, after a period of 12 months, be redocumented, or there is a barrier to return that is beyond their control, and they are complying with the system, they should be given discretionary leave to remain with a right to work and access higher education in the UK. >> What changes could improve life for this group. For the Red Cross Conclusion Our recommendations include: Refused asylum seekers who, through no fault of their own, cannot be returned to their country of origin, risk falling into crisis. Many remain in the UK for extended periods of time and, without support, are vulnerable to exploitation. They are also likely to drop off the radar, which makes it even less likely that they can be returned. The Red Cross believes it is inhumane to keep them living in destitution for years with no recognition of the suffering they face. >> Use our relationships with government and parliamentarians to help solicit responses from embassies when people are failing to receive attention. Recommendations For the Home Office 1. Refused asylum seekers who cannot return home due to such issues as lack of documentation should not be made destitute. Our recommendations include the need to: >> Keep pregnant women and families with children on Section 95 support, regardless of their status, to prevent destitution and safeguard the best interests of the children involved. >> Provide clear, realistic and practical guidelines for single adults applying for Section 95A on what is considered as appropriate evidence to prove they have taken reasonable steps to obtain a travel document. 2. The Home Office should share the burden of obtaining proof of taking reasonable steps to obtain a travel document. It should: >> Use its resources to assist in contacting embassies to request a travel document. >> Independently, and in partnership with other organisations operating in the sector, look to develop an operational response that supports service users during embassy appointments. >> Review our current policy of providing 12 weeks of destitution support and take appropriate action to ensure the support we offer is sufficient to deal with the long-term destitution faced by this group. >> Provide training for and raise awareness among our staff and volunteers on the issue of statelessness, including the option to apply for exceptional case funding for Stateless applications. Research methodology The study employed a mixed-methods design, which included: >> A desk review of existing literature and available quantitative data. >> Semi-structured interviews with refused asylum seekers who cannot be returned and Red Cross refugee support staff who work with them. >> A review of the Red Cross case files for each of our interviewees, where available, enabling a more detailed understanding of their individual situations.