38    Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Single adults who cannot be returned and are applying for Section 95A The Home Office should: 1. Provide clear, realistic and practical guidelines on what is considered as appropriate evidence of them taking reasonable steps to obtain a travel document. The guidelines should: Recommendation 2 The Home Office should share the burden of proof for taking reasonable steps to obtain a travel document. The Home Office should: >> Be specific to the person’s country of origin, rather than taking a one-size-fits-all approach. 1. Use its resources to assist in contacting the relevant embassy (or embassies) to request a travel document. >> Be clear as to what form of contact is acceptable – written, telephone or inperson – and specify what is considered acceptable evidence of such contact. 2. Provide funding for travel to embassies to facilitate the process of gathering documents. The process of applying for such funding should be simple and information about the funding should be widely available. >> Specify how many times a person is expected to attempt to contact the relevant embassy (or embassies) to request a travel document, within reasonable parameters. 2. Expect a person to apply for AVR only once they are in possession of the necessary travel document specified for their country of origin in the Home Office Country Returns Guide (Home Office 2016b). Only then will it be feasible to limit people to one AVR application and expect them to leave before the application expires. Recommendation 3 The Home Office should grant discretionary leave to people who cannot be returned through no fault of their own. 3. Suspend the policy of regularly reviewing an individual’s support when there is evidence that the person has done everything in their power to comply with re-documentation procedures. Where appeal rights exhausted individuals cannot, after a period of 12 months, be re-documented, 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. 4. Re-instate the right of appeal for those who are refused Section 95A support. Putting in place temporary status for this group will prevent destitution. 5. Allow people who cannot be returned to apply for Section 95A at any time, removing the restriction of only being able to apply within the 21-day grace period. 6. Take measures to ensure people who cannot be returned do not fall through the safety net when making the transition from Section 95 to Section 95A. Keeping this group on support will prevent destitution and protect them from potential exploitation.