submissions were refused in September 2010 and having once again lost his support
and having been evicted from his accommodation, he and his wife have been staying
with a friend. Ghanim describes how being stateless makes him feel “lost”. He said that
“every day I feel like I’m going to die, I feel that events will crush me. Sometimes I want
to die, to get rid of these things.”
Other stateless Kuwaiti Bidouns interviewed describe similar experiences of being totally
reliant on friends following the refusal of their asylum applications.294 Imad, aged 28, has
spent almost a year destitute and finds uncomfortable parallels between his situation
in the UK and the conditions he had fled in Kuwait. He explained: “Firstly, I have no
papers, this is the same as back home. Secondly, I can’t move or travel, also the same
as back home. Thirdly, I have no job. It is the same life as I was living in Kuwait, there is
no difference…I see myself as not a human. Because I have no documents I am not a
human. Of course it affects me as a human because since birth when I opened my eyes
for the first time I have had no status. I don’t want my children to have to feel the same
way I do. It is a tragedy.” Amani,295 aged 35, was destitute and in limbo immediately after
her asylum appeal was dismissed in September 2008 until she was interviewed for the
research in February 2011. She has also had three sets of further submissions refused,
despite producing expert evidence that she is a “undocumented” Bidoun as claimed. Her
assessment of her situation chimes with that of Imad. She says: “the refusal is difficult.
Because of this my situation is the same as it was in Kuwait. I have no ID, no work, no
education, no freedom.”
Section 4 accommodation and support for stateless and “unreturnable” refused
asylum-seekers
The majority of participants in the study were refused asylum-seekers. The government
expects them to leave the UK as they have been found to have no right to remain.
However, the Secretary of State is empowered to provide “facilities and accommodation” to
someone who was, but is no longer, an asylum seeker.296 The Secretary of State has made
regulations that set out eligibility criteria which are applied in all cases except where the
applicant is being released from detention.297 Applicants must pass a two-stage test. First,
the “failed asylum-seeker” must appear to the Secretary of State to be “destitute”.298 There
are references in secondary sources that indicate that refused asylum-seekers have difficulty
in proving that they are destitute.299 Secondly, they must satisfy one of five conditions. The
most relevant conditions for participants in this study were either that the person is taking all
reasonable steps to leave the UK or to place themselves in a position in which he or she is
able to leave the UK,300 or that the provision of accommodation is necessary for the purpose
of avoiding a breach of a person’s Convention rights, within the meaning of the Human Rights
Act 1998.301
100
294
Participant 15.
295
It was not possible to obtain a full paper file for this case but factual aspects were checked on CID
as well as the limited papers available.
296
Immigration and Asylum Act 1999, section 4(2).
297
Immigration and Asylum (Provision of Accommodation to Failed Asylum-seekers) Regulations 2005.
298
The definition of destitution is the same as considered in the test for section 95 support.
299
Willman, S. and Knapfler, S., op. cit., pp. 279-81.
300
The Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations
2005 No 930, Regulation 3(2)(a).
301
Ibid., Regulation 3(2)(e).
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