Immigration Solicitors

A recent report by Refugee Action has revealed the extent of asylum seekers being wrongly denied emergency support from the Home Office, despite being legally entitled to it, with families being left in abject poverty and facing homelessness as a result.

The report – Slipping Through the Cracks: How Britain’s Asylum System Fails the Most Vulnerable – is based on an analysis of over 300 cases in London and Manchester involving applications for asylum support. The analysis found an average waiting time of just under two months for families at risk of homelessness with no means of supporting themselves for housing and the basic financial help they are entitled to of £5.28 per day. It was also found that over half of people seeking asylum who were in crisis were denied their access to emergency support, with their applications later approved only after challenging the refusal.

The report accuses the government of routinely denying asylum seekers the support that they are legally entitled to, leading to homelessness and hunger. The Home Office reportedly miss its own deadlines for finding emergency accommodation, and in some cases wrongly refuse emergency assistance to those applying for it. These errors on behalf of the Home Office leave asylum seeking families in accommodation deemed unfit for habitation or with no accommodation at all.

Whilst waiting for a decision on their claim, asylum seekers are not allowed to work or receive mainstream benefits, and the Immigration and Asylum Act 1999 sets out the support that destitute asylum seekers are entitled to. Section 95 support entitles people who are considered destitute to accommodation and a £36.95 weekly allowance, meanwhile Section 98 support exists to provide emergency accommodation in the short term. However, the report revealed that the Section 98 support is frequently wrongly denied or delayed, potentially resulting in mental and physical harm for asylum seekers.

Just fewer than 40 in-depth interviews conducted by Refugee Action revealed the stress, anxiety and hopelessness that families without support have to face. It was found that squalid living conditions are causing illness among children, with one family opting to sleep on the floor to avoid bedbugs, and other families having to send their children to school in dirty clothing, resulting in bullying and exclusion.

The upsetting findings of the report have led Refugee Action to call for the Government to commit to their existing policy and guidance with consistency, and to make decisions on support as quickly as possible.

Furthermore, Refugee Action are urging the Home Office to bring the UK in line with several other European countries by allowing asylum seekers to work, as this would mean that people seeking sanctuary no longer have to rely entirely on state support to survive.

Chief executive of Refugee Action Stephen Hale said “Our research exposes the appalling treatment of families and individuals who have escaped war and persecution abroad, only to be badly let down here in Britain.

The failure of the Home Office to follow their own policies has frequently left people homeless, and unable to feed themselves and their families. The Government must take urgent action to prevent some of the most vulnerable people in our society slipping through the cracks of the system.”

Zofia Duszynska commented:

“The situations reported by Refugee Action are all too frequently experienced by our clients. Many applications for asylum support are made by telephone and it is unclear to applicants, who often have poor English and limited literacy exactly which documents they are supposed to provide even if they were able to provide them. As there is no longer legal aid available for asylum support applications and limited legal aid for appeals against refusals, individuals are left with few places to turn. The lucky ones are helped by specialist organisations like Refugee Action but many individuals and families are left floundering and desperate with no money for transport or telephone calls to seek advice .”

Zofia Duszynska is a Director of Immigration at Duncan Lewis Solicitors. Zofia specialises in asylum and human rights matters. She has particular expertise in cases involving gender-based persecution, asylum seeking children, human trafficking and exclusion from the Refugee Convention. Zofia is a founding member of ATLeP (Anti-Trafficking Legal Project), an information network of lawyers and specialist practitioners assisting victims of trafficking.

Duncan Lewis Immigration Solicitors

Duncan Lewis Immigration Solicitors are one of the UK’s leading firms of immigration specialists and are able to advise vulnerable clients at all levels in all aspects of immigration, asylum/human rights and nationality matters. Duncan Lewis immigration lawyers can also advise on the Modern Slavery Bill, UK immigration law and the Human Rights Act. There are Duncan Lewis offices nationwide and in most major cities. Our specialist immigration solicitors will be able to advise individuals on any changes to UK immigration law during Brexit negotiations and post Brexit. The firm’s Immigration practice was recommended by Legal 500 UK 2016 as a Top Tier Immigration Practice in London and Wales and as a Leading Immigration Practice in the Midlands area respectively.

For expert legal advice on international recruitment and UK business immigration law, call Duncan Lewis immigration solicitors on 0333 772 0409.