BY SARAH STEPHEN
On January 8, the Nationality, Immigration and Asylum Act came into effect in Britain. Its impact on asylum seekers will be severe, withdrawing entitlements to living allowance and accommodation from those who do not claim asylum at a port or "as soon as reasonably practicable" afterwards.
According to the British Institute for Race Relations (IRR), this will affect two-thirds of all asylum seekers — so-called "in-country" applicants — who, in 2001, amounted to 46,160 people.
Although the British Labour government has presented this rule as a way of preventing abuse of the system, there is no evidence that "in-country" applicants are less likely to be granted refugee status. In fact, the opposite is true, according to the British Refugee Council. In a January 8 article Arun Kundnani, editor of IRR News, wrote: "There are a number of reasons why refugees might not claim asylum immediately upon arrival in the UK, [such as] poor English, no access to legal advice or fear of the authorities and the interview process."
Previously, "in-country" applicants qualified for accommodation while waiting for a "screening" interview, which can take up to six weeks. Under the new system, asylum seekers will be left destitute until they either get a confirmation letter from the National Asylum Support Service saying that they are eligible for support, or a rejection without appeal. Given NASS's past record of poor administration and delays, asylum seeker support groups are expecting that asylum seekers will experience long delays and be left homeless.
While the legislation does not apply retrospectively, it is estimated that every day a further 100 asylum seekers will be left without shelter or subsistence. "Charities say they are having to make plans for emergency soup kitchens and open offices, community centres and places of worship for temporary accommodation", Kundnani added. "Many fear that those denied support will be driven into begging, sex work or crime in order to survive."
Support will also be withheld from asylum seekers who have had negative decisions on their cases, those in the country unlawfully and those with refugee status in other European countries. These groups will be immediately deprived of housing and other benefits.
The civil liberties group Liberty is planning a High Court challenge to the measures. Human rights and refugee support groups have organised nation-wide protests to coincide with the implementation of the legislation.
From Green Left Weekly, January 15, 2003.
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