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Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned
SOME OF OUR REFUSED ASYLUM SEEKERS
Enaya’s story
Enaya is 37 years old and comes from the Occupied Palestinian Territory of Gaza. She came to the
UK five years ago with her husband and eight-month-old baby daughter. Her husband was stopped
at the airport and returned to Palestine. Subsequently, he was arrested and killed. Enaya and her
daughter were refused asylum in the UK. Enaya has approached the Palestinian mission on a
number of occasions to get a passport, but an official written response from the Palestinian mission
confirmed: “Due to the Oslo Accord between the Palestinian Liberation Organisation and Israel, the
Palestinian Mission to the UK does not have authority to issue passports.”
Furthermore, Enaya’s daughter has not been registered as a Palestinian citizen. In Palestine, a child’s
mother cannot pass on her nationality to her child, only the father can do so by registering the child
in Palestine. Unfortunately, this was not done before the family fled, which leaves her daughter
stateless. The Palestinian mission has confirmed: “As per your daughter, we cannot assist you in
issuing her a birth certificate or any other documents due to the fact that she is not registered in the
Palestinian Registry Office, this procedure should be carried out only by her father.”
Enaya remarried in the UK, but following the breakdown of her marriage after 18 months, her
application for a spouse visa was rejected. She experienced domestic violence when her husband
hit her and the child. She went to the police and her husband then kicked her out. Her application
for further leave to remain based on domestic violence was also refused because she had not been
granted a spouse visa. Enaya is seeking advice on putting in a Stateless application for herself
and her daughter who is now five years old. This is a long, drawn-out process and legal aid is not
available.
Kayla’s story
Bisrat’s story
Kayla is from Zimbabwe and has been living
in the UK for 13 years. She does not have
a Zimbabwean passport. She has her birth
certificate, but the Zimbabwean embassy
says this is not sufficient to obtain travel
documents. She needs her ID number,
which is issued only in Zimbabwe when an
individual becomes 16 years old. When Kayla
left Zimbabwe, she was too young to obtain
an ID number. She cannot go back now to
get one because she does not have a travel
document. The Home Office believe Kayla is
from South Africa. She is trying to resolve this
and has approached the South African High
Commission to help establish her citizenship.
Six months later, she is still awaiting a
response to this request. In 2014, Kayla
applied for leave to remain as a stateless
person, which was refused. Meanwhile, she
is living in limbo. She has no basis to stay in
the UK, but she cannot be returned to either
Zimbabwe or South Africa.
Bisrat left Eritrea in 2008, aged 18 and with
no documents. As a child, he lived in many
different East African countries. Bisrat was
born in Eritrea, but went to live in Ethiopia
when he was one year old. During the 1998–
2000 war between Ethiopia and Eritrea, his
father was deported back to Eritrea when
Bisrat was nine years old. They later went to
live in Sudan and Djibouti. Having grown up
in Ethiopia, Bisrat speaks Amharic. Because
of this, the Home Office do not believe he is
Eritrean. Bisrat is trying to establish whether
he is entitled to an Ethiopian passport. He
has completed the application form and sent
this to the Ethiopian embassy. However, six
months later, the embassy has not replied or
even acknowledged his request. He is too
scared to approach the Eritrean embassy.
Bisrat is trying to contact an aunt in Eritrea to
locate his birth certificate.
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