Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned
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>> Where a person has been living outside their
country of nationality for a long time and they
have lost their citizenship.
or more for a travel document (Home Office
2016d).
BID (2016) lists the following additional factors:
1.2 What happens to people
who cannot be returned?
>> Where a person is of mixed national parentage
(e.g. Ghanaian and Nigerian, Ethiopian and
Eritrean).
>> Where a person has moved between two
countries during their childhood.
>> Where a person has dual citizenship.
>> Where nationality has been revoked or
renounced.
1.1.2 Data on barriers to removal
Currently, no publicly available data set exists on
how many refused asylum seekers are without
national documents, or realistic means of obtaining
any, and who are therefore not able to leave the
UK, either to their own country or anywhere else.
However, there are data on the barriers to removal
or deportation for detained foreign national
offenders (FNOs) and this provides some insight
into the factors affecting people’s ability to return.
The UK government aims to return FNOs to their
home countries as quickly as possible to protect
the public, reduce costs and free up spaces in
prison. However, many of the same issues facing
refused asylum seekers can prevent their removal.
(Note that FNOs are not the focus of the current
research and did not form part of our sample.
Recommendations made from our findings do not
relate to FNOs.)
As at the end of September 2016, for the 648
detained FNOs, the following were included in the
barriers to removal (Home Office 2016c):
Currently, families who have been refused asylum
retain Section 95 support, which provides
accommodation and £36.95 per week for each
member of the family. For single adults, Section
4(2) of the Immigration and Asylum Act 1999
(HM Government 1999) allows for the provision
of support to a limited number of refused asylum
seekers.
1.2.1 Section 4
Section 4 provides accommodation and support
to the value of £35.39 per week. This is not given
in cash, but is loaded onto the Azure payment
card. To qualify for this support, refused asylum
seekers must be destitute. They must also fulfil
one of the following five conditions:
>> They are taking all reasonable steps to return to
their home country
>> They are not fit to travel
>> There is no safe and viable route of return
>> They have a pending judicial review
>> It would be a breach of their human rights not
to give them support.
In practice, the last category is used mostly when
the asylum seeker has further representations
outstanding. The absence of a safe and viable
route of return is rarely accepted unless there is
a Home Office policy of non-return relating to the
country in question (AIDA 2015).
>> Country situation prohibits removal: 19
>> ETD awaited – individual compliant, but ETD
awaited: 144
>> ETD required – country non-compliant: 17
If a person does not meet one of the five
conditions and has no further representations
outstanding, it is not considered a breach of
their human rights to leave them destitute and
homeless because it is considered that they can
return to their home country (AIDA 2015).
>> ETD required – FNO non-compliant: 7
>> Medical reasons: 9
>> Nationality not confirmed: 25.
Furthermore, of the detained FNOs facing removal
or deportation, 106 had been waiting 12 months
Proving that you have taken all reasonable steps
to return is particularly problematic for people from
countries with which diplomatic relations have
been suspended, whose embassies have complex
requirements that are difficult to fulfil, or who
belong to a group that is denied documentation by
their country of origin (AIDA 2015). The fact that
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