Keeping 'a heart and soul' in the UK asylum system
One of our old students came into the hub last week, not unusual, but he just sat there and wanted to 'reflect in a safe space'. When he told me his story I understood why, and it got me thinking about how heartless the UK asylum system had become over the years especially given the recent headlines.
The glory days of the UK pioneering a safe haven for those fleeing persecution from the east European Jews to the Huguenots, being instrumental in establishing the 1951 Refugee Convention and 1967 UNHCR Protocol for those who seek refuge to be treated with dignity and respect are fading fast. This is a far cry from the current narrative and shift in the legislative and political landscape of which we are all aware. From positioning refugees and asylum seekers arriving in the UK (93% of those arriving on small boats claim asylum, and 75% are granted asylum without appeal, Refugee Council) as ‘invaders’ rather than offering them a ‘warm welcome’. This includes women and children. Where on arrival they are bombed and then placed in inadequate, overcrowded holding facilities, https://committees.parliament.uk/publications/31471/documents/176592/default/, waiting days or weeks or months to be placed in appropriate accommodation. Then waiting over a year to have their asylum claim processed (in 2022 40,000 asylum applicants have been waiting over a year, 35,000 have been waiting 6-12 months, compared to 2017 when 70% of applications were processed within 6 months, Free Movement November 2022 bulletin)).
This isn’t just about numbers though, in 2003/4 and again in 2015/16 over 100,000 vulnerable people claimed asylum in the UK, our current figure is 68,000 (July 2021-June2022), compared with France 120,000 and Germany 138,000. These are peoples lives, who through no fault of their own have had to flee persecution and try and find a safe place to seek refuge, where they can belong and start again to rebuild their lives, come to terms with the trauma they have been through and contribute towards their new home and community.
So the focus of this blog is to think about three ways we can keep the 'heart and soul' in the UK asylum system despite what is currently happening in the UK.
Firstly crisis and war seems to bring the heart and soul back into the system. The Afghan war since 2001 has led to many asylum seekers seeking refuge in the UK. The U.K. Government's position with their 'Country Guidance' meant that even if a person had a legitimate claim to refugee status in the UK (as they could prove that their lives were under threat if they returned to their home in Afghanistan), they could still be returned to Kabul. Our old student was impacted by this, he was refused refugee status, detained at the Gatwick Detention Centre and on 5 separate occasions over a 5 month period marched onto a flight to be returned to Kabul, saved by a last minute reprieve because of solicitor interventions, physically resisting being taken and deteriorating health. Once the Afghan crisis occurred in 2021 and all UK personnel were withdrawn, there was a policy change with a 'warm welcome', with schemes introduced to offer indefinite leave to remain for some of those evacuated and a withdrawal of the rigid implementation of the Country Guidance. As a result our old student says he was 'one of the lucky ones' and was granted refugee status and now lives and works back in Kent. Others he knew were returned to Afghanistan, had self harmed, and became mentally ill because of the trauma of this treatment at the detention centre. The Ukrainian War also had an impact on the wider narrative regarding refugees and asylum seekers, although these are displaced people who have been given visa's to come and work in the UK. The debate questioned the outpouring of support and reporting of those fleeing war in Europe compared to anywhere else in the world.
Secondly interventions by the system actors, such as solicitors, judges, inspectorates, unions, Judicial Reviews, All Party Parliamentary Groups, Home Office Select Committee’s and civil servents who question and hold the Government and legislators to account. The so called ''lefty lawyers' who represent asylum seekers who have been failed by the system, who keep up the legal challenge to ensure the legal system is fair, and Judges who despite the legal and political narrative do all they can to ensure the system is fair and equitable. HM Chief Inspector of Prisons who in 2021 conducted an unannounced inspection of detention of migrants in Dover and Folkestone (https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2021/12/Kent-detention-facilities-web-2021.pdf) or the Independent Chief Inspector of Boarders and Immigration who inspected contingency asylum accommodation between 2020-21 (https://www.gov.uk/government/publications/an-inspection-of-contingency-asylum-accommodation-hmip-report-on-penally-camp-and-napier-barracks) both of whom were critical of the conditions and treatment of asylum seekers. The Public and Commercial Services Union, representing Border Force Staff who legally challenged the Governments 'push back' policy in 2021, or more recently the Prison Official Ceres Union raising concerns over the new Manston Holding Centre, followed by the Home Office Select Committee raising concerns and the impending Judicial Review. The All Party Parliamentary Group on refugees and on social workers who scrutinise practice and delivery of policy and services inviting those with lived experience to be part of the conversation, to inform and develop understanding amongst MP's of the challenges being faced. All civil servants in local and national Government and the public sector who do all they can to push policy and practice to support asylum seekers and question business as usual.
Finally networks of 'do gooders ' in civil society, the media and social media champions, who challenge the narrative with reality in the public discourse and offer a moral compass. Who tell the stories and realities of refugee and asylum seekers, who highlight their plight through organising social action, protests and vigils, through investigative journalism, questioning assumptions and resisting the status quo. For example, the Panorama investigation into the Gatwick Detention Centre in 2017, or the recent Newsnight investigation into children going missing from Hotels housing newly arrived young asylum seekers. Through joint open letters by civil society, statements against current policy positions and campaigns such as 'Together with Refugees' https://togetherwithrefugees.org.uk/ and Children England https://www.childrenengland.org.uk/news/vulnerable-children-must-receive-care . Also the social network that help find people lost in the system because their phone was taken or because they were age assessed as an adult when they are actually a young person and were dispersed across the UK. These informal networks through social media can be the influencers of change to challenge the system pushing the boundaries of thought and possibilities in the new framework.
The future landscape for refugees and asylum seekers is bleak in the UK, but if all the sparks of moral outrage unite, and we amplify the voice of those with lived experiences and stand up for dignity and justice, our proud tradition and history of offering safe refuge to those being persecuted could be reignited to give us a glimmer of hope.
Dr Razia Shariff, CEO KRAN