At the point of losing their asylum support following refusal of their asylum claim, many
interviewees were able to mitigate their destitution, at least temporarily, by staying with
friends.290 In many cases such help was provided for many months or even years, although by
its nature it remained precarious and often placed great strain on the personal relationships
involved. However, the need for such reliance stems from the lack of access for stateless
persons to relevant social and economic rights.
Case study: Kuwaiti Bidouns refused asylum
Ten Kuwaiti Bidouns were interviewed and thus formed a sizeable proportion of the
participants in the study. In Arabic, Bidoun means “without”, reflecting the fact that this
group is excluded from Kuwaiti nationality. They face systemic discrimination in Kuwait.291
Many Kuwaiti Bidouns are granted asylum in the UK. However, caselaw and guidance
indicates that decision-makers on asylum claims should draw a distinction between
“documented” and “undocumented” Bidouns on the basis that a significant number of
Bidouns have been provided with social security cards between 1996 and 2000, which
facilitates some access to social entitlements.292 However, it emerged from the research
that this guidance was not consistently or correctly applied and that as a result some
participants, despite evidence that they were in fact “undocumented” Bidouns, were not
recognised as refugees. This appeared to be reinforced by the failure or inability of the UK
Border Agency to enforce removal which in turn resulted in lengthy time spent in limbo,
at risk of destitution.
The case of Ghanim,293 aged 67, raised common issues for those Bidouns who are not
granted asylum. After he claimed asylum he was initially accommodated in Dover and
then moved to Birmingham. He was given £50 per week to live on. But this was stopped
after his asylum appeal was dismissed in April 2006. In June that year he and his wife, who
was also in her late 60s, were evicted from their accommodation. Ghanim explained:
“My wife and I had nowhere to go so we went and sat in the bus station for 5 hours.
Then a man came up to me and said that he had seen us there earlier and now
we were still there so he asked me what the problem was, what was my story? I
explained our situation and he immediately invited us to come and stay with him at
his house where we remained for three months.”
Soon after this Ghanim was admitted to hospital with serious kidney problems and was
operated on. After his discharge from hospital, the Refugee Council made an application
for section 4 support which was granted in November 2006. However, after further
290
Participants 5, 6, 10, 12, 14, 15, 16, 17, 27, 28, 30, 35 and 36.
291
See Human Rights Watch, Prisoners of the past: Kuwait Bidun and the burden of statelessness,
available at: http://www.hrw.org/reports/2011/06/13/prisoners-past and Refugees International and
Open Society Foundations, Without Citizenship: Statelessness, Discrimination and Repression in
Kuwait, 2011, available at: www.refugeesinternational.org/sites/default/files/120511_Kuwait_With_
Citizenship_0.pdf.
292
HE (Bidoon - Statelessness - Risk of Persecution) Kuwait v. Secretary of State for the Home
Department, CG [2006] UKAIT 00051, United Kingdom: Asylum and Immigration Tribunal /
Immigration Appellate Authority, 21 June 2006, available at: http://www.unhcr.org/refworld/
docid/46836aa0d.html.
293
It was not possible to obtain a full paper file for this participant but factual aspects were checked
on CID as well as the limited papers available.
in the United Kingdom
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