Asylum Support Restrictions and the ending of Exceptional Leave to Remain

Asylum Support Restrictions and the ending of Exceptional Leave to Remain

See also: Law on UK Nationality, Immigration and Asylum

BBC news article: Asylum: Can we trust the figures?
http://news.bbc.co.uk/1/hi/uk/2468311.stm
Refugee Council Briefing on ending support
http://www.asylumsupport.info/harshestwinter.htm

1) Asylum Support Restrictions
2) Exceptional Leave to Remain ending

"Reference: 327/2002 - Date: 28 Nov 2002 11:15

Tough new rules on the support given to asylum claimants in the UK will come into force early next year, the British Government announced today.

Single people and childless couples will receive no support - no food, cash or accommodation - unless they claim asylum as soon as they arrive at a UK port.

Announcing the crackdown, Home Office Minister, Beverley Hughes, said:

"We are determined to deal with the very widespread abuse of our asylum system by those who are simply economic migrants, and we are bringing in a raft of tough new measures.

"If people are genuinely fleeing persecution we expect them to claim asylum at the earliest possible opportunity – as soon as they arrive in the country. If they have been in the country for weeks, months, or even years, before claiming asylum, that casts doubts on the credibility of their claim. We will still consider their asylum claim and will do so quickly, but we are not prepared to support them at the Government’s expense while we do so.

"This measure has been approved by the UK’s Parliament and we intend to carry it out to the letter. It’s a simple message - if you want support for housing or living costs while your asylum claim is considered you must claim as soon as you arrive in the UK."

The change will come into effect on 8 January 2003. It is one of a package of measures to tackle abuse of the asylum system, brought in following new UK legislation. It includes a list of 10 safe countries from which asylum claims are now presumed to be unfounded. Those applying from these countries, or those who make claims which are clearly unfounded, will not be allowed to appeal from within the UK – they will be detained and removed following speedy consideration of their claim. In addition, asylum seekers are no longer allowed to work while their claim is considered. The Government is cracking down on illegal working and restricting exceptional leave to remain.

The UK is also working closely with the French government to tighten up security around the Channel tunnel and close the Sangatte Red Cross Centre, making it difficult for would-be illegal immigrants to get to the UK.

Notes to editors:

The end of the presumption of support for ‘in-country’ applicants was announced on 7 October (Home Office press notice 267/2002).
The only exceptions to the new rules will be: families with children, those with special needs, those claiming asylum in-country following a significant change of circumstances in their country of origin and those who can show they would suffer treatment contrary to article three of the ECHR.
The measures are contained in the Nationality, Immigration and Asylum Act, which received Royal Assent on 7 November (Home Office press notice 294/2002).
The list of safe countries from which asylum claims will be presumed to be unfounded was announced on 7 October. (PN 267/20020). The ten countries are Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.

Published: 28 Nov 2002 "

2) Exceptional Leave to Remain ending

Reference: 332/2002 - Date: 29 Nov 2002 10:16

"The Home Office today publishes the asylum statistics for the 3rd quarter of 2002 (July to September) and announces a further robust measure to tackle abuse of the system by ending the policy of Exceptional Leave to Remain (ELR).

The figures show that applications have increased and continue to be at an unsatisfactory level. However, the processes for dealing with asylum claims are increasingly efficient with more decisions being made within the two-month target and a new record number of removals of failed asylum seekers. These figures also pre-date the recent decisions to impose visas on Zimbabweans and measures in the Nationality, Immigration and Asylum Act which are now coming into force.

Exceptional Leave to Remain is to be replaced by a new status of "humanitarian protection" for those who have protection needs but who are not covered by the 1951 Refugee Convention.

Home Office Minister, Beverley Hughes, said:

"These figures are not satisfactory and demonstrate that we continue to take more than our fair share of claimants with an unfounded asylum claim. This underlines why it was so important to get the latest legislation through Parliament (only three weeks ago) and why those who have tried to stop us from improving the end to end system are so wrong, even though it will take time for these improvements to feed through and make a difference.

"We will be introducing a further robust measure with the ending of ELR. I believe that our use of ELR has encouraged abuse and acted as a pull factor, encouraging economic migrants to apply for asylum in the UK in the belief that they will be given ELR when their asylum claim is rejected. We have already stopped the routine granting of ELR on a country basis and we are now significantly tightening the basis on which leave will be granted to all those who have been refused asylum. We are determined that protection should only be granted to those who really need it – our asylum system is not a short-cut to work or settlement in the UK."

Key findings in the asylum statistics bulletin include:

Applications have risen by 11 per cent from the last quarter to 22,560.
The largest increases come from Iraqis (+26 per cent), Zimbabweans (+56 per cent) and Somalians (+44 per cent).
Initial decisions were 4 per cent higher than the previous quarter but the backlog rose again this quarter to 37,200 due to increased applications.

IND has reached well beyond its targets for speedy decisions, with initial decisions made within two months on 77 per cent of new cases (the annual target is 65 per cent).

The Home Office received fewer appeals in this quarter and the Immigration Appellate Authority continued to make a record number of determinations –18 per cent higher than the previous quarter.
A record number of failed asylum seekers were removed in this period – 3,565 including dependants.

19,470 asylum seekers applied for NASS support in this quarter.
1,445 detainees who had claimed asylum at some stage were being held in detention at the end of this period.

Commenting further on the statistics, Beverley Hughes said:

"These figures predate the implementation of measures we have agreed with the French and demonstrate why we have focused on further radical reform of the system to complement this wide-ranging agreement. Had we not prevented clandestine entry on the kind of numbers we saw last year from the freight depots at Coquelles and Fréthun, matters would be even worse.

"Already those measures in place – technologically enhanced freight searches, joint immigration controls and forgery detection equipment - are having a significant impact. The number of clandestines discovered at Dollands Moor arriving from Fréthun has dropped from a high of nearly 400 in April to only three in October. To counter possible dispersal to continental ports beyond Calais we are also procuring new detection equipment for the use of port and ferry operators further along the French coast and in Belgium.

"The closure of Sangatte will be another important element in the fight against asylum abuse. The closure of the centre to new entrants means that gangs, traffickers and illegal immigrants are already beginning to understand that there is just no point going to Northern France because they will not get into the UK.

"We have already reacted to what was a very clear abuse of the asylum system by imposing a visa regime on Zimbabweans wishing to travel to the UK. I believe that this will ensure effective management of our border controls by allowing genuine visitors to enter quickly and stop those who have no right to be here – those genuinely fleeing persecution should seek asylum in the first safe country they come to.

"The measures in the NIA Act will, over time, reduce the pull factor to Britain and tackle abuse of the system. Those who make late claims will not be entitled to support and applicants from safe countries will be fast tracked and have no right of appeal in the UK. We will also be clamping down on benefits shopping.

"This is, of course, at a time when we are expanding economic migration, opening up the work permit system, and looking for new routes for legitimate, legal migration in areas of the economy which require the necessary skill or additional work force. It is precisely because we anticipated the further surge (accelerated by the imminent closure of Sangatte) that we have taken the steps we have outlined over recent months. We now need to ensure that they work."

Commenting on the appeals process, Baroness Scotland, Minister at the Lord Chancellor’s department, said:

"Record numbers of appeals are being dealt with by the Immigration Appellate Authority (IAA) - 18,260 in the third quarter of 2002, 18 per cent higher than the previous quarter. The figures also show that determinations are outstripping the number of appeals received by the Home Office for the second consecutive quarter.

"This continued increase in determinations reflects the IAA's ability to handle increasing numbers of appeals. Further expansion of the Authority is enabling it to receive more each month. In addition to this, measures in the new NIA Act will ensure that appeals will be dealt with speedily, that the system is not undermined by meritless applications made simply to cause delay, whilst maintaining proper standards of fairness."

NOTES TO EDITORS:

"Asylum Statistics: 3rd Quarter 2002" are published on the Home Office website http://www.homeoffice.gov.uk/rds/immigration1.html
"Control of Immigration Statistics 2001" is also published today on the above website. We have already published a snapshot of this publication on 26 September 2002 (see Home Office Press Notice 259/02)
The Nationality, Immigration and Asylum Act received Royal Assent on 7 November 2002 (see Home Office Press Notice 294/02).
The Home Secretary announced the review of ELR on 7 October 2002 (Home Office Press Notice 267/02). ELR was originally intended to help those who either have protection needs but do not qualify as refugees under the Convention, or who have other, humanitarian needs. However, its use has grown, from being granted to around 10 per cent of claimants five years ago to around 25 per cent of claimants, often in cases where it is difficult to remove particular groups of failed asylum seekers. The Government has already ended the routine granting of ELR on a country basis. Under the new arrangements leave will be granted for three years, with scope for shorter periods in specific circumstances, followed by an active review. At this point, if the individual no longer has protection needs, further leave will be refused. The Home Secretary would retain the power to allow some of those who fall outside the "humanitarian category" to stay on an exceptional, discretionary basis, but failed asylum seekers who do not fall into one of these groups will not be granted leave to remain."

Published: 29 Nov 2002

Source: Home Office