"Don't lose the plot on asylum reforms," urge Oxfam, Amnesty International and the Refugee Council

"Don't lose the plot on asylum reforms," urge Oxfam, Amnesty International and the Refugee Council

Description: "4 February 2002

Ahead of the White Paper on asylum expected this week, three leading agencies working to protect the rights of refugees have joined forces in calling on the Government to consider joint concerns over the fourth major overhaul of the asylum system in less than a decade.

In their joint outline, Oxfam, Amnesty International UK and the Refugee Council have identified key areas - fairness of decisions, safeguards over detention, and support - that urgently need reform if the system is to fulfil its role in protecting people from the horrors of persecution, torture and genocide.

"There is a real danger of losing the plot over why we originally signed up to the Refugee Convention. The point is not to design a whole system around how to remove rejected asylum seekers. The point is to design a system that ensures people who have been persecuted are protected," said Nick Hardwick, Chief Executive of the Refugee Council, speaking on behalf of the three agencies.

The joint outline identifies three areas that the forthcoming White Paper should address:

Fair decisions
Minimum safeguards concerning detention
Basic levels of support for asylum-seekers when they are not allowed to work

Last October, the Home Secretary's statement to Parliament indicated that the White Paper will be driven by a strong desire to increase removals. Nick Hardwick said: "We do not object to the removal of people whose claims have been fairly rejected where there are no compelling humanitarian reasons for them to remain. However, we believe that the severe shortcomings of the UK asylum process mean that a politically-driven increase in removals is bound to result in people being returned to countries where they will be at risk of human rights violations."

The joint report outlines key components that could help to create a fair and cost-effective system. These include improving the quality of initial decisions which would also eliminate the expense of poor decisions being overturned; early provision of good quality legal advice; and proper safeguards against erroneous decisions. The agencies have also strongly recommended the establishment of an independent documentation centre to provide a credible means of guaranteeing full, accurate and up-to-date information about countries from which people have fled.

Welcoming the decision to abolish vouchers, the three agencies point out the "fundamental injustice" of requiring asylum seekers - who do not have the right to work - to survive on a substantially lower level of basic subsistence payment than those on income support. Matching the value of their support payments to those on income support would remove this inequity, claim the agencies. They express a particular concern around the fact that children of asylum seekers are given less money to live on than children on income support. "This is a disgrace," said Nick Hardwick. "Children of refugees must be treated as children first, refugees second."

Full-text of statement:

Amnesty International, Oxfam and the Refugee Council

A joint statement on the forthcoming white paper on asylum, migration and citizenship

Introduction The Refugee Council, Amnesty International and Oxfam are three of the leading organisations in the refugee sector, working with and on behalf of refugees and asylum seekers, not only in the UK, but in all the major refugee-producing areas of the world. Between us we represent the views of hundreds of thousands of members and supporters. From our different but complementary perspectives, we have been at the forefront of attempts to reform and improve the UK's asylum systems.

The Home Secretary has spoken of the need to achieve "radical and fundamental reform" in asylum, migration and citizenship, and a white paper is now expected in early February. We agree that change on this scale is essential if the asylum system is to serve its primary purpose -to protect people from the horrors of persecution, torture and genocide.

The white paper will herald the fourth major overhaul of the asylum system in less than a decade. This time we need to get it right. This joint statement summarises our views on the key issues that we believe the white paper must address if it is to restore confidence in the asylum system and put in place the foundations of a system that will endure:

1. Fair decisions
2. Minimum safeguards for detention
3. Equitable levels of support for asylum seekers

1) A fair decision for all asylum seekers -the key to a credible asylum system

From the Home Secretary's statement to Parliament last October, it is clear that the white paper's proposals on asylum will be driven by the strong desire to increase removals. We do not object to the removal of people whose claims have been fairly rejected, and where there is no other compelling humanitarian reason why they should remain.

However, we believe that the severe short-comings of the UK asylum process mean that a massive increase in removals is bound to result in people being returned to countries where they will be at risk of human rights violations.

We believe that there are four key components of a fair and cost-effective asylum determination system:

- A commitment to the quality of the initial decision, taking regard of individual circumstances and particular needs (e. g. protection needs of women)

The asylum determination system must be 'front-loaded', i. e. resources must be focussed on getting good quality and defensible decisions as soon as possible. The present fixation on quantity of decisions produced and cost-cutting tends paradoxically to add to the length and expense of the system as a whole, because poor decisions are automatically, and often successfully, challenged.

-Early provision of good quality legal advice.

This is not only vital for asylum seekers, but also enhances administrative efficiency by ensuring that the initial decision is based on a proper assessment of the claim.

-Adequate safeguards against erroneous decisions.

Asylum decisions are literally a matter of life and death, so it is essential that applicants have the opportunity to reverse erroneous refusals through proper access to appeal procedures and, where necessary, judicial review.

-The establishment of an Independent Documentation Centre.

It is time that the UK had an asylum determination process that commands the respect of all parties with an interest in the credibility of the asylum system. A properly independent body would provide the best means of guaranteeing the provision of full, accurate and up-to-date information about countries from which people have fled, outside the influence of any one group involved in the asylum process. It would also cut costs and aid fairness by helping to prevent excessive amounts of often contradictory material being put forward in front of adjudicators and judges in some cases, and virtually none in others.

2. Detention – the need for effective judicial oversight of the detention of asylum seekers

The Home Secretary has already announced a massive expansion in the number of detention places for asylum seekers. Unfortunately, nothing has been said about the safeguards necessary to ensure that people who should not be detained, are not detained.

One welcome element of the 1999 Immigration and Asylum Act was the provision for automatic bail hearings. This measure should have been a step towards rectifying a long-standing deficiency in UK asylum policy, which means that large numbers of asylum seekers are detained in circumstances contrary to international legal standards, but are effectively prevented from arguing this point in court.

It is a sad reflection of the Government's asylum policy priorities that implementation of these provisions has been delayed repeatedly. We believe that asylum seekers should no longer be denied this basic right and urge the Government to live up to its earlier undertaking to implement automatic bail hearings.

3. Equitable levels of support for asylum seekers

The decision to abolish the voucher scheme is significant and welcome, and shows an encouraging willingness on the part of the Home Secretary to take action to address the iniquities of the asylum system. Nevertheless, there remains in place the more fundamental injustice of requiring asylum seekers -who do not have the right to work -to survive on a substantially lower level of basic subsistence payment than the rest of the community.

There is already much concern that current income support levels are inadequate to ensure the welfare and development of children. Yet, despite assurances from ministers during the passage of the 1999 Act, children of asylum seekers are given less money to live on than children on income support. This is a disgrace. Children of refugees must be treated as children first, refugees second.

The Refugee Council, Amnesty International and Oxfam strongly urge the Government to take this opportunity to end the statutory discrimination against asylum seekers, by upgrading the value of their support payments to 100% of income support, for both adults and children.
February 2002

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Contact details:

Amnesty International: Sean Roberts -020 7417 6357 Oxfam: Lys Holdoway -01865 312484

Refugee Council: Imran Hussain -020 7820 3046 2

Note to Editors:

Amnesty International media contacts:

Neil Durkin / Michael Sivapragasam / Graeme Weston: 020 7814 6241 / 6240 / 6238; out-of-hours: 07721 389 984; Scotland: 0131 466 6200; Northern Ireland: 028 9066 6216; press@amnesty.org.uk; www.amnesty.org.uk; ISDN available

Refugee Council contacts:
Jean Candler:020 7820 3057, Nasreen Memon: 020 7 820 3044. For urgent out of office enquiries, call 07623 523523 and ask for pager 865169.

http://www.refugeecouncil.org.uk/