These provisions have been applied in a number of appeals against the refusal to provide
support to stateless and “unreturnable” persons.302 These cases do not indicate any link between
statelessness, the lack of a prospect of removal, and eligibility for asylum support. Stateless and
“unreturnable” asylum-seekers are often asked to apply for voluntary assisted return. There is,
however, one particularly relevant decision which holds that a person who has applied for leave
to enter or remain on the basis that they are stateless should be granted section 4 support
because the failure to do so would leave him destitute, in breach of Article 3 ECHR.303
A number of conclusions can be drawn about support for refused asylum-seekers. First of
all, the criteria for granting section 4 support were not drafted with the situation of stateless
refused asylum-seekers in mind, who will often be unable to secure travel documentation or
admittance to any country of former habitual residence. Requiring stateless persons to register
for voluntary return when such return is, in the individual case, objectively impossible appears
unduly onerous, and risks infringing human rights norms if applied too strictly. Secondly,
although the Tribunal has recognised that statelessness can be a “juridically relevant fact”304
when assessing whether a failed asylum seeker should be entitled to support, it has done so
on the basis of further submissions requesting leave to remain on the basis of statelessness.
Other powers to provide support and accommodation
The Secretary of State also has the power to provide accommodation to those on temporary
admission, those given temporary release and those released on bail.305 Although none of
the participants in the study appears to have received support on this basis, it appears that
the power is sufficiently broadly drawn to allow the Secretary of State to provide support for
stateless persons, particularly if she considers that their human rights would be breached
if such support was not provided. This power could be used to ensure that those stateless
persons who do not claim asylum and are not permitted to work avoid destitution and the
social problems that can arise. However, none of the participants in the research benefited
from the application of this provision to their situation.
Evaluation of participants’ situations
In conclusion, 11 of the 34 participants interviewed for this project had experienced rough
sleeping or homelessness in the UK.306 Six of these 11 participants experienced homelessness
after section 4 support was stopped or denied.307 Eight participants had been granted leave to
enter or remain by the time that they were interviewed for this study. None of those with leave
to enter or remain were homeless or destitute because the leave that they had been granted
to not have restrictions on access to public funds. Two were in employment,308 two were in full
time education309 and three were receiving welfare benefits or in the process of applying for
these.310 The remaining 29 participants continued to live in limbo with no immediate prospect
of being granted leave to enter or remain.
302
See AST 06/03/12859 and AST 07/11/16508 cited in, S. and Knapfler, S., op. cit., p. 282 and AST
10/05/23245, AST 09/07/20070.
303
AST 06/03/13043.
304
See UNHCR Geneva Summary Conclusions, para. 30.
305
Immigration Act 1999, section 4(1).
306
Participants 1, 4, 6, 10, 11, 17, 18, 26, 28, 29 and 36.
307
Participants 4, 11, 17, 18, 26 and 29.
308
Participants 23 and 37.
309
Participants 19 and 22.
310
Participants 8, 9, 28 and 33.
in the United Kingdom
101
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents