Bail Appeal

APPEAL – Can you help someone be released from Dungavel Detention Centre.  Positive Action in Housing has been approached by an 18 year old man who came to the UK seeking asylum from persecution in Liberia. He has been kept in immigration detention for six months.  Can you help him be released by offering to stand as a cautioner at his bail hearing? This means you will have to attend a bail hearing in Glasgow and offer him a place to stay. He will only need somewhere to stay for a very short time while we access more sustainable accommodation for him. Please do not hesitate to get in touch if you would like any further information.  

Mr X, 18 YEAR OLD MALE FROM LIBERIA  Mr X has been in the UK since 2004, is a church goer and is fluent in English.  The most recent US Dept of State’s ‘Country Reports on Human Rights Practices’ on Liberia noted that in Liberia “the following human rights problems were reported: “• ritualistic killings and deaths from mob violence • police abuse, harassment, and intimidation • arbitrary arrest and detention • denial of due process and fair public trial • incidents of trial-by-ordeal • official corruption and impunity • violence and discrimination against women, especially rape • female genital mutilation (FGM) • societal ethnic discrimination” [not an exclusive list] (http://www.state.gov/g/drl/rls/hrrpt/2005/61577.htm )

Mr X was detained for working without permission and sentenced to six months imprisonment, which he has now served. At the end of this sentence he was moved to Dungavel.  The Liberian government deny his citizenship, meaning that there is no prospect of him being removed from the UK in the near future. The only way for him to avoid being left in detention is for him to apply for bail.  He did recently apply for bail recently but told that it would only be granted if he could find someone who is willing to act as a cautioner. Mr X had never been to Scotland before he was transferred to Dungavel and has no friends or contacts here.  

As you can imagine Mr X is desperate to get out of detention to get his life and his asylum application back on track.   Would you be willing to stand as a cautioner? Do you have a spare room where he would be able to stay for a short time? If you think you or someone you know has a spare room and might be able to then please contact David or Jamie on 0141 353 2220 or e-mail david@paih.org

Asylum Support Appeals Project Press Release – Destitution

Asylum Support Appeals Project (ASAP)

Press Release – 7th February 2007

“Failing the Failed?” – Poor Decision Making Forces Failed Asylum Seekers into Unlawful Destitution

Latest research finds that over 80% of decisions made by NASS which forced failed asylum seekers into destitution contained misapplications and/or misinterpretations of law.

Advocacy charity, ASAP, have published their latest report “Failing the Failed” which examines the quality of decision making within NASS. The report highlights a catalogue of errors NASS case workers were making when deciding not to provide housing and welfare support to destitute failed asylum seekers, may suffering from physical or mental health problems.

Most failed asylum seekers are not entitled to asylum support and expected to leave the UK and return home once they come to the end of the asylum process. Many then find themselves destitute. If for some reason a destitute failed asylum seeker cannot return home immediately, for example if they are waiting for travel documents, have made a fresh claim for asylum or are unable to travel due to illness, NASS are able to provide a limited type of support called Section 4.

The qualifying test for Section 4 support is very strict and many failed asylum seekers are not aware they may be entitled to it. Those who apply for support and are refused are sent a decision letter from NASS which explains why they are not entitled to support.

ASAP looked at 117 negative decisions made by NASS between January and December 2006 and found that over 80% of these decisions either misapplied or incorrectly interpreted the law. ASAP is extremely concerned that support is being denied in this way.

One failed asylum seeker told ASAP “When they make decisions, they do not always have all the information. They should keep supporting people. What is the alternative for me? They should offer other types of support especially in the wintertime. I have slept outside in the pouring rain – I had nowhere else to go.”

ASAP believes that NASS should make consistent, clear and accurate decisions in line with their own policy and the law. Sue Willman, ASAP Chair said “every person who is refused support has the right to know exactly why support has been refused in clear terms. Poor decision making takes away the few rights failed asylum seekers have and leaves them homeless and hungry.”

Notes

1. The Asylum Support Appeals Project (ASAP) is an advocacy organisation working to reduce destitution of asylum seekers in the UK by protecting their legal rights to food and shelter.

ASAP provides free legal advice and representation to asylum seekers in their asylum support appeals when their housing and financial support has been refused or terminated, as well as second-tier legal advice and training on asylum support law for refugee community organisations. ASAP’s policy work and strategic litigation work aim to change inhumane asylum policies which are forcing many asylum seekers into long-term destitution.

2. Published 1st February 2007.

3. NASS are part of the Home Office and are responsible for administering the system of asylum support. NASS caseworkers assess support applications and decide whether or not to provide support.

4. Section 4 support is provided under the Immigration and Asylum Act 1999. The criteria for

Section 4 support are found in the Asylum Support (Provision of Accommodation to Failed

Asylum Seekers) Regulations 2005.

Asylum Support Appeals Project (ASAP)

Cornerstone House

14 Willis Road

Croydon CR0 2XX

Tel 020 8684 5873

Email Eiri@asaproject.org.uk, Website www.asaproject.org.uk

Charity number: 1105625

Company limited by guarantee: 4763838

Dispersal of NEW Section 4 Service Users to Target Contract accommodation

–
Region: Scotland
Inter regional percentage Dispersal : 14.8%
List of TC providers:
Angel – 53%
Glasgow City Council – 0%
Glasgow YMCA – 47%
Dispersal restrictions:
Glasgow City Council will NOT take new S4 cases.
Glasgow YMCA has very little capacity to take S4 SUs. Please check before dispersal request.
No other restrictions advised.
–
Region: East Midlands
Inter regional percentage Dispersal : 6%
List of TC providers:
Nottingham City Council – 50%
Priority Properties – 20%
Refugee Housing Association (RHA) – 30%
Dispersal restrictions:
NO dispersal of single males to Derby postcodes – DE1, DE23 & DE24
No other restrictions known.
–
Region: East of England
Inter regional percentage Dispersal : 1.4%
List of TC providers: Clearsprings – 100%
Dispersal restrictions:
Ipswich have only “family” accommodation.
No other restrictions known.
–
Region: London
Inter regional percentage Dispersal : N/a
List of TC providers:
Clearsprings – N/A
United Property Management (UPM) – N/A
Dispersal restrictions:
NO dispersal to this region unless there are special reasons agreed as part of casework.
–
Region: North East
Inter regional percentage Dispersal : 9.6%
List of TC providers:
Angel – 20%
Kimberley – 30%
North East Consortium (NECARS) – 50%
Dispersal restrictions: No restrictions known.
–
Region: North West
Inter regional percentage Dispersal : 17.8%
List of TC providers:
Happy Homes – 20%
Liverpool County Council – 0%
North West Consortium – 0%
Priority Properties – 18%
United Property Management – 62%
Dispersal restrictions:
Liverpool CC have very limited capacity to take S4 SUs. Therefore, do not disperse new cases but they may be able to take cases that were previously with them as S95 SUs.
North West Consortium cannot take any S4 SUs.
No dispersal to postcodes M8, M9 & M40 in Manchester.
No other restrictions known.
–
Region: South East & Central
Inter regional percentage Dispersal : 1.6%
List of TC providers: Clearsprings – 100%
Dispersal restrictions:
No dispersal to Portsmouth, Southsea, Brighton & Hove.
Moratorium of any dispersals to Portsmouth and Brighton
For time being, no dispersals to Southampton.
No other restrictions advised except that 1:200 ratio not to be breeched.
–
Region: South West
Inter regional percentage Dispersal : 2.8%
List of TC providers:
Astonbrook – 50%
Clearsprings – 50%
Dispersal restrictions:
No restrictions advised
–
Region: Wales
Inter regional percentage Dispersal : 6.9%
List of TC providers:
Astonbrook – 20%
Cardiff City Council – 38%
Clearsprings – 20%
Swansea City council – 22%
Dispersal restrictions:
Swansea CC contract is for families only.
No other restrictions advised.
–
Region: West Midlands
Inter regional percentage Dispersal : 14.6%
List of TC providers:
Astonbrook – 18%
Priority Properties – 9%
United Property Management – 28%
West Midlands Consortium – 45%
Dispersal restrictions:
Coventry LA (part of West Midlands Consortium) have in their contract that they only take families. This is a contractual restriction, not a “city” restriction.
No other restrictions advised.
–
Region: Yorkshire & Humberside
Inter regional percentage Dispersal : 21.9%
List of TC providers:
Angel – 20%
Priority Properties – 10%
United Property Management – 20%
Y&H Public Sector Group – 50%
Dispersal restrictions:
No dispersal to post codes LS7, LS8 and LS9 in LEEDS.
Only disperse new S4 cases where the applicant had previous S95 support in Yorkshire and Humberside (to be re-visited in February 2007).
No other restrictions advised.
–
NB: the regional percentages in column 2 are for S95 dispersal. The numbers do not add up to 100% as London is zero for S4 dispersal, whereas for S95 dispersal it is 2.6%

Nicol Stephen condemns dawn raids

Deputy First Minister Nicol Stephen has condemned the use of dawn raids to remove the children of failed asylum seekers from Scotland.
His comments came after the head of the Immigration and Nationality Directorate (IND) in Scotland said his department was still not “fit for purpose”.

Robina Qureshi, of support group Positive Action in Housing (PAIH), said the immigration service needed reform.

A Home Office spokeswoman said it would take time to restructure the IND.

Mr Stephen described the dawn raids as “unacceptable and unnecessary”.

They have a messed-up asylum system which they are continuing to use to enforce removals against asylum families

Robina Qureshi
Positive Action in Housing

Asylum chief’s concerns

He added that he opposed the message coming from the UK Government for a more aggressive approach.

“Clearly where there are failed asylum seekers there has to be a system to remove people from the country but, especially for families with children, dawn raids are not the right approach,” Mr Stephen said.

“There has to be a more sensitive integrated approach involving the education authorities, social work departments and the UK agencies and when there are children involved it doesn’t have to be at six o’clock in the morning.”

A number of failed asylum seekers have already been subject to dawn raids.

There are about 1,500 families, mostly in Glasgow, whose applications for asylum have failed but who still refuse to leave.

Phil Taylor, who is regional director for the Home Office’s immigration and nationality department, said it could be another 18 months before it was fully restructured.

Ms Qureshi said the asylum system was in chaos.

New system

“They have a messed-up asylum system which they are continuing to use to enforce removals against asylum families,” she said.

“They need to acknowledge that and to allow these long-term families, that have been part of the community, to remain and to sort out whatever structural issues that he’s (Phil Taylor) referring to.”

Following protests, a new system to deal with the removal of failed applicants has been launched.

A Home Office spokeswoman stressed that the restructuring of the Immigration and Nationality Directorate, which had been ordered by Home Secretary John Reid, was never going to happen overnight.

It was always going to “take time” to work through, she said.

BBC SCOTLAND – http://news.bbc.co.uk/1/hi/scotland/6320959.stm
Thursday, 1 February 2007, 15:42 GMT