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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.

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