Latest News from Positive Action in Housing

Forcible deportations of asylum seekers to double in Scotland

April 3, 2007 · 5 Comments

Images of failed asylum seekers being dragged from their homes have triggered public fury over forced removals. Picture: Ian MacNicol

Executive set target of ten asylum seeker removals per week
Review of cases affecting 4,000 people may take five years to conclude
Last month a Nepalese man died after setting himself on fire in protest

THE number of failed asylum seekers forcibly removed from Scotland is set double, the man in charge of immigration north of the Border has revealed.

Phil Taylor, Scottish regional director of the new Border and Immigration Agency (BIA), said an average of five asylum seekers refused permission to stay are currently being forcibly removed every week. But he said steps were being taken to reach a target of ten per week over the coming months.

The announcement triggered threats of a public backlash, with warnings of a major scaling-up of protests against forced removals.

The issue was highlighted in The Scotsman last month when a Nepalese man died after setting himself on fire.

The move is being taken to deal with a backlog of cases, with the BIA beginning a review of 1,100 asylum-seeking families - affecting 4,000 people - with no legal right to remain in Scotland, which it admits will take as much as five years to conclude.

The government has previously denied the existence of targets for removing failed asylum seekers, amid public fury over the practice of dawn raids and growing concern for the welfare of children of asylum seekers, many of whom were born in Scotland and have settled into schools and communities.

The revelation of an imminent doubling in forced removals has been met with a furious reaction from campaigners, who claim it flies in the face of remarks by Jack McConnell, the First Minister, who last week said so-called “legacy” cases would be treated “sensitively”.

Mr Taylor said a target of ten removals a week had been set, and said last year’s number was “particularly low” because of organisational restructuring.

He said: “We are currently operating at about 50 per cent. We are building staff resources back to be able to meet the target.”

Mr Taylor said that while a large number of failed asylum seekers were living in Glasgow, a “considerable number” were elsewhere, including Aberdeen where many work illegally in the fish processing industry.

He said the agency was in discussions with the Advocate General for Scotland to examine ways to hasten the legal process, which can allow for an appeal and subsequent judicial reviews.

One of the main reasons given for delays is poor-quality decisions on applications which have led to appeals. Mr Taylor said better training for case workers and a new “case ownership” approach - which will mean each case being dealt with by a single officer - were in the process of being introduced.

Mr Taylor said asylum decisions in Scotland were “subjected to more judicial scrutiny” than south of the Border and revealed that his department was working with law officers on steps to improve the process.

Meanwhile, the chief executive of the BIA, Lin Homer, said the length of time an asylum seeker has spent in Scotland would be one of the factors considered in the legacy cases reviews.

She also said the BIA would consider whether asylum seekers had committed crimes or been dishonest during the application process.

Robina Qureshi, the director of Positive Action in Housing, warned of a public backlash over forced removals.

“If what Mr Taylor says is borne out, we will see a doubling in the protests,” he said. “This is a tragedy. There are kids [who] fear the worst when a van pulls up at their door. It’s a disgrace.”

Sally Daghlian, chief executive of the Scottish Refugee Council, said: “The government is setting itself high and arbitrary removal targets. Compassion is being sacrificed to meet these targets.”

Q & A: HOW THE SYSTEM WORKS
How many ‘failed’ asylum seekers are living in Scotland at present?
According to current figures, there are 4,020 asylum seekers in Scotland whose application to remain in the country has been rejected.

Why are these people being allowed to stay in Scotland?
Most are legally challenging the refusal. An unspecified number have exhausted the legal process and face imminent repatriation.

Are there other reasons why rejected applicants can stay?
Yes. More than 400 failed asylum seekers are classed as unable to return home.

Why can’t they be returned home?
Some are from countries which the government decides would be too dangerous to return them to. Zimbabwe is the only country on that list. Others are from countries that will not allow asylum seekers to return, such as China.

How quickly does it take to process an application?
The Border and Immigration Agency (BIA) says decisions are being reached within a month, a vast improvement on previous years, when it could take 22 months. Legal challenges can spin cases out for years. About a third are delayed by judicial reviews.

Are there any plans to speed the system up?
Yes. The BIA wants to eventually conclude all cases within six months.

How will it achieve this?
Case workers are being given additional training in a bid to improve original decisions, driving down appeals.

How are failed asylum seekers removed?
Usually either by being arrested when they check in at immigration centres or, if they are judged to be a high risk of absconding, in dawn raids.

How many leave voluntarily?
Not many. The government offers financial assistance of up to £3,500 to depart the country, but last year only 40 people in Scotland took up the offer.

Do failed asylum seekers get support?
They receive certain benefits until their case has been concluded. Applicants with children, however, will continue to receive some support.

Related topic

Immigration and refugees
http://news.scotsman.com/topics.cfm?tid=16
This article: http://news.scotsman.com/scotland.cfm?id=510622007

Last updated: 03-Apr-07 01:02 BST

Categories: Deportation · Detention · asylum decisions · asylum seekers · dawn raids

BAIL APPEAL – Can you help someone be released from Dungavel Detention Centre?

April 3, 2007 · No Comments

We have been approached by someone who has been kept in immigration detention for ONE YEAR.  He urgently needs help to be released. Can you help him 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 short period before other arrangements are made. His details are below:   

‘O’, 31 FROM ALGERIA 

‘O’ has been in Dungavel for one year. He has repeatedly been told he will be deported to Algeria but the Algerian government are refusing to issue travel documents, effectively rendering him stateless and leaving him stuck in Dungavel. He has applied for bail on 3 occasions, but with no-one able to act as a surety he has been rejected each time.  

‘O’ came to the UK in 1999, claimed asylum, and was accommodated in England where he settled well and had permission to work. His claim was refused in 2001 but he continued to work until being detained in 2005 for having a false passport. He was sentenced to 6 months imprisonment which he served before being moved to Dungavel, where he has been since.  O has been continually told that he is awaiting deportation. However, with Algeria refusing to issue travel documents, he is in a hopeless position. He has recently been informed that he has been granted an appeal for a judicial review and that when the date for this is set his bail application will be strengthened, however he still has the problem of not having a surety. He would be very happy to stay in government provided Section 4 Support but this is almost impossible to arrange from detention.
 
His visitors in Dungavel tell us that O is an intelligent and interesting person, who speaks fluent English as well as French and Arabic.  He has shown amazing strength during his time in Dungavel, keeping himself busy by attending the gym regularly and getting involved with anything he can.
 

Would you be willing to stand as a cautioner for ‘O’? 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 on 0141 353 2220 or e-mail david@paih.org  

 Further information: 

For more information about the role of sureties in the bail process, see p44 of: http://www.ilpa.org.uk/publications/bpg_challenging_detention.pdf 

A recent Parliamentary Joint Committee on Human Rights has reported that:46.  We believe that current policies for the detention of asylum seekers potentially lead to human rights breaches under the ECHR, in particular the right to liberty under Article 5. Asylum seekers should only be detained at the end of the process if their application has been fully and properly considered and where there are travel and other documents in place to ensure that the removal happens swiftly and detention does not become prolonged. (Paragraph 269) 47.  We do not believe that it is right that the decision to detain an asylum seeker - which goes to the heart of that person’s liberty - should be entirely administrative. We recommend that there should be an automatic, prompt, independent judicial review of the decision to detain in all cases after seven days. (Paragraph 274)

http://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/8111.htm

It is the absence of this automatic Judicial Review that leads to someone like ‘O’ being dumped in detention and forgotten about. Until the Home Office changes these practices, volunteering to act as a surety is the best way to help someone in this position.

Categories: Detention