many applicants worse off than under the measures introduced by the then Conservative Government in the Asylum and Immigration Act 1996

24th October 2002

Rt Hon David Blunkett MP
Secretary of State for the Home Department
Home Office
50 Queen Anne's Gate
London SW1H 9AT
21 October 2002

NATIONALITY, IMMIGRATION AND ASYLUM BILL: SUPPORT FOR IN-COUNTRY ASYLUM APPLICANTS

I am writing to express our strong opposition to last week's amendment of the Nationality, Immigration and Asylum Bill to deny support to those in-country asylum applicants without children whose claims are not made "as soon as reasonably practicable" after their arrival in the United Kingdom.

Shelter believes that this provision will seriously undermine the Government's policies to tackle homelessness by leaving large numbers of asylum seekers without access to accommodation and with no means of support. In particular, we believe it will force some applicants onto the streets, undermining the very welcome progress the Government has made in tackling rough sleeping and its Manifesto commitment to keep the numbers of rough sleepers as low as possible.

In addition to those applicants forced onto the streets, we believe that many more will end up being accommodated by friends and relatives in the existing refugee community. This will increase the number of homeless asylum seekers and refugees living in inappropriate, overcrowded and insanitary conditions - often in London and other areas where there are established refugee communities. As well as being at odds with the Government's policies to tackle homelessness and bad housing, this is likely to undermine policies to encourage dispersal and efforts to maintain more effective contact with applicants, and increase the stress on highly pressured communities and local services.

We note Lord Filkin's response to the Earl of Listowel's intervention on this issue during last Thursday's debate in the House of Lords and hope that the Bill's remaining stages will provide further opportunities for the Government to clarify how this provision relates to its efforts to tackle homelessness and social exclusion. We sincerely hope that the Government does not see an increase in homelessness as an acceptable price to pay for this policy.

Shelter believes that all applicants should be supported while their claim is assessed. However, we also believe that the distinction drawn by the amendment between in-country and port of entry applicants is arbitrary and flawed. The fact that an applicant applies in-country does not in itself provide an indication that their application will not be successful. As was highlighted by several speakers during last Thursday's debate, there are very good reasons why large numbers of asylum seekers apply in-country. Indeed, the Home Office's figures indicate that in-country applicants are just as likely to be successful in their claims as those who apply on arrival in the UK.

However, our legal advice, and the response of the Minister last Thursday, suggest that the circumstances in which the "as soon as reasonably practicable" test will be applied will, in practice, seriously prejudice the ability of applicants, many of whom would be likely to be successful, to pursue their claim. In addition, by specifically adding the withdrawal of help under section 2 of the Local Government Act 2000 to the existing bars on providing assistance under the Children Act 1989, the National Assistance Act 1948 and the homelessness legislation, the ability of local authorities to deal strategically with severe hardship and deprivation will be severely undermined.

Shelter is disappointed that the Government has chosen to introduce a policy that will leave many applicants worse off than under the measures introduced by the then Conservative Government in the Asylum and Immigration Act 1996 and which is at odds with the statement in its 1998 White Paper that "in a civilised society, genuine asylum seekers should not be left destitute." We hope that it is not too late for the Government to reconsider this provision, to give priority to its policies to tackle homelessness and to do justice to the UK's commitment to support those fleeing persecution in their own country.

This letter is supported by a number of organisations working with asylum seekers and refugees including the:

Crisis
Homeless Link
Immigration Law Practitioners Association
Law Society
Medical Foundation for the Care of Victims of Torture
Oxfam
Refugee Council
Save the Children
St Mungos

I have copied this letter to John Prescott, Barbara Roche and to Lord Filkin.

Ben Jackson
Director of External Affairs
http://www.shelter.org.uk/

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