Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 29
3.13 Documentation difficulties
The documentation difficulties experienced by
each of our refused asylum seekers are detailed
in their individual stories. The Red Cross staff
members interviewed also commented on the
documentation difficulties they have come across.
3.13.1 General issues related to
documentation
Staff mentioned a number of issues that can hold
up voluntary return or AVR as well as the process
of making a further claim, such as a Stateless
application. One issue is that the person might
not have the documents their embassy requires to
re-document them. One of the staff members from
the Glasgow Red Cross provided an example:
If you’re Palestinian, you get issued with a
national identity card, and without that national
identity card you can’t ever get any other
documents. And you can’t be re-issued with
that unless you’re in Palestine, or a close relative
can get it re-issued. So, if you’re over here and
you don’t have that ID card, there’s no way you
can prove your identity. There’s no way you
can get other documents. If you don’t have any
close relatives in Palestine, you can’t get it, so
you end up trapped. For one of the clients, we
did a family tracing to try and see if we could
find the person’s mother, but we weren’t able
to do that…. So people are effectively stuck….
Then they just end up here destitute and
homeless, and there’s not much you can do.
(Red Cross staff member, Glasgow 2)
One of the Red Cross staff members in Glasgow
(Glasgow 1) mentioned cases in which the Home
Office has impounded people’s documents
because they believe them to be fake. The Home
Office then refuses to release the documents to
the client’s lawyer and the lawyer cannot consult
an expert witness to verify the documents.
Other issues mentioned related to cases when
people have no documents on arrival in the UK;
when people have lost contact with their family in
their country of origin; and when people do not
know where they were born. The transient lifestyle
of refused asylum seekers also makes them more
likely to lose any documents they may possess:
They might have been refused two years ago
and when they were evicted from their asylum
support house, left all their belongings there….
So they won’t have anything. (Red Cross staff
member, Birmingham)
Through its restoring family links service, the
Red Cross can provide assistance with tracing
family members in the person’s country of origin.
They may then be able to assist with gathering
documents. One of the staff members in Glasgow
expressed concern about the fact that the
Home Office requires a person to use the Red
Cross tracing service to prove they are taking all
reasonable steps to leave the UK. He questioned
the ethics of making the Red Cross part of the
burden of proof:
So then that creates ethical issues – in terms
of sending people here and how does the
Red Cross respond to that. (Red Cross staff
member, Glasgow 1)
3.13.2 Issues relating to embassies
An issue mentioned by most of the Red Cross
staff members was that many people are not able
to travel to their embassy (most embassies are in
London), due mainly to a lack of finances. Even
when they do get to the embassy, the embassy
staff may refuse to see them if they have no
documentation.
Embassies will often not even respond to
correspondence from Red Cross caseworkers:
I mean, these people [Joshua from Ethiopia
and Faheem from Palestine] in particular, they
need to communicate with their embassy
or to try and get documentation. We’ve
tried repeatedly to try and get some sort of
response from the embassy to either say they
are or aren’t from that place. It’s impossible it
seems. It seems impossible. You can try and
write letters, try and write emails, try and call,
but we never get any response. That’s to prove
that that person is from that country. Yes, so
that element of their case is incredibly difficult.
(Red Cross staff member, Birmingham)
The staff member from Birmingham went on to
comment:
I suppose the interesting thing with these two
people is they’re just very open about wanting
to leave the UK…. I suppose it’s really stark
with them that they are very stuck. (Red Cross
staff member, Birmingham)
The staff member in Leeds mentioned some of the
ways in which the Leeds Red Cross helps this group:
The evidence [needed] would often be around
proving their nationality. So we would sort of
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