Submission to the Home Affairs Select Committee Inquiry into Asylum

Transcription

1 Submission to the Home Affairs Select Committee Inquiry into Asylum April Refugee Women s Strategy Group 1.1 Refugee Women s Strategy Group (RWSG) is a representative group of refugee and asylum seeking women, supported by Scottish Refugee Council and funded by Comic Relief, whose aim is to ensure that the voices of refugee women are heard. We work together to represent the views of refugee and asylum seeking women in Scotland to key decision makers and service providers to influence the policy and practices that affect our lives. Our group is an integral part of the Scottish Refugee Policy Forum, a federation of Refugee Community Organisations in Scotland. 2. Introduction 2.1 We welcome this opportunity to give written evidence to the Committee and would be more than happy to provide oral evidence as part of the inquiry. As well as representing the views of the wider community of refugee and asylum seeking women, we all have direct experience of the asylum process ourselves and feel that our voices provide an important perspective on these issues. Below we set out our response according to the Terms of Reference for the inquiry and include our recommendations for improvement. Please note that we have not responded to all sections Summary 3.1 The RWSG believes that women have particular needs that are often not recognised in the UK asylum process and result in many women being refused protection. Research shows that many women seeking asylum have experienced violence, with 70% of asylum seeking women reporting experiences of physical and/or sexual violence in their lifetime. 2 Gender based persecution is not explicitly recognised in the Refugee Convention and is poorly understood by asylum decision-makers. It is our view that women do not have access to a fair, humane and gender sensitive asylum process. As a result, many women feel 1 Where we have included quotes from our group members, all names and nationalities have been changed to ensure anonymity. 2 Scottish Refugee Council & London School of Hygiene & Tropical Medicine (2009) Asylum Seeking Women: Violence & Health, ealth.pdf

2 unable to disclose their experiences of sexual violence, which obviously has an impact on the quality of decisions. 3.2 We know that decision-making in women s cases is particularly poor. Research has shown that women s asylum claims are almost twice as likely to be overturned on appeal than the average, 3 that women wait longer than men for their asylum claims to be resolved, 4 and that women with children wait even longer. 5 Making the right decision first time is critical to preventing unlawful detention, destitution and exploitation of women, but it is also critical in order to prevent backlogs and delays and the high costs of appeals, judicial reviews and fresh claims. 3.3 It is our view that there are some relatively simple and cost-effective policies and procedures that could be put in place or improved to ensure that the asylum process is genuinely gender sensitive and, consequently, that decision-making better. This would mean the right decisions being made the first time and women fleeing persecution receiving the protection they deserve and are entitled to 4. The effectiveness of the UK Border Agency screening process, including the method of determining eligibility for the Detained Fast Track procedure 4.1 The requirement for women seeking sanctuary in the UK to travel to Croydon to make an application for asylum is placing vulnerable women in considerable danger and is potentially limiting access to the asylum process itself. Women often arrive in Croydon exhausted and traumatised. They may be pregnant or have mobility or health needs and many feel that trauma, stress and exhaustion make answering questions accurately very difficult. This can result in delays and risks vulnerable women being routed to unsuitable accommodation or victims of torture or trafficking being routed into the Detained Fast Track. Single women are particularly vulnerable and we would ask the UK Government to acknowledge their responsibility for the safety of such women and to introduce regional screening to address this issue. 4.2 Women in our communities consistently report feeling ill-informed of their rights and entitlements at all stages of the asylum process, including in relation to screening, substantive interview, interpreting and childcare provision. Women should be provided with independent information about seeking asylum in the UK before entering the asylum process and access to good quality legal advice should be guaranteed before both the screening and substantive interview takes place. 3 Asylum Aid (2011) Unsustainable: the quality of initial decision making in women s asylum claims, 4 Mulvey, G. (2011) Refugee Integration in Scotland: statistical findings, % of women with children waited for more than two years to get status compared to just 42% of women without children, Mulvey, G. (In Search of Normality: Refugee Integration in Scotland, Scottish Refugee Council) Refugee Women s Strategy Group April

3 4.3 We are particularly concerned about the focus on segmentation in the New Asylum Operating Model. In the new process, information gathered at screening is going to be even more significant, as applicants will be categorised at this stage. It is our view that triaging applicants at screening will present real difficulties to Home Office staff, particularly if the claim involves gender based persecution. Failing to put essential procedures in place to ensure that the screening process is gender sensitive will potentially lead to more and new backlogs and delays due to late disclosure and the potential for subsequent multiple transfers of cases between teams. 4.4 Research has shown that even UK Border Agency staff have concerns about the appropriateness and likelihood of the screening interview being a site for disclosure of rape, stating the harsh nature of questioning and the unsuitable physical environment as reasons for their concern. 6 We welcome the practical and procedural improvements being made at the Asylum Screening Unit in Croydon, but it is essential that women are provided with privacy and childcare at screening to enable disclosure of sensitive experiences. Training and procedures at screening should reflect the principles of the gender guidelines for decision-makers and include awareness of vulnerability indicators. The cost of not providing the necessary conditions for disclosure is high, both for the women who are not granted the protection they need and for the UK Government. 4.5 The decision to route to the Detained Fast Track is made on consideration of the known facts relating to the applicant and their case obtained at asylum screening. 7 By not providing women with sufficient opportunity to disclose their experiences at screening, complex cases involving gender-based persecution end up in the detained fast track process. 8 We believe this unjust system should be abolished, but while it remains, robust procedures should be in place to ensure that women who have experienced gender based persecution are never placed in the Detained Fast Track. 4.6 We welcome the new commitments to asylum seeking women in the Home Office Violence Against Women and Girls Action Plan 2013, in particular, the action to establish a referral mechanism for women who disclose sexual violence. 9 We urge the UK Government to implement this urgent action as soon as possible. 4.7 Members of our group report concerns about the screening process from their own experience. Women said the screening process took a very long time, with some spending all day at the ASU, from early morning to late afternoon. Women 6 Baillot, Cowan & Munro (2012), Rape narrative and credibility assessment (of female claimants) at the AIT 7 UK Border Agency (2012) Detained Fast Track Processes, Asylum Process Guidance 8 Human Rights Watch (2010) Fast-tracked unfairness: detention and denial of women asylum seekers in the UK 9 UK Government (2013) A call to end violence against women and girls: action plan 2013, Refugee Women s Strategy Group April

4 reported being asked to speak slowly so that an officer could write or type what they were saying, having the effect of distancing them from the interviewer and preventing them from disclosing relevant information. Some women felt unable to answer questions at the screening stage, feeling they needed time to recover from the trauma they had experienced before the screening interview. Our Voices: Alice, Uganda I was entirely confused during my screening interview. When asked my name, I gave my mum s name. When asked my date of birth, I said it wrong. They judge you on every word you say and these words are the ones they use against you. I was heavily pregnant and after a full day s questioning I went into labour the day afterwards 4.8 Recommendations Routine asylum screening should be provided in Scotland and across the UK Women should be informed of their rights at all stages of the process and should be able to access legal advice before screening and substantive interviews The Home Office should take into account the particular needs and experiences of women at screening (including by ensuring privacy and providing childcare) and should work with stakeholders to ensure appropriate training and procedures are in place The Detained Fast Track should be abolished. While it remains, robust procedures should be put in place to ensure that women who have experienced gender based persecution are never placed in DFT A referral mechanism for women who disclose sexual violence at screening should be fully implemented immediately The Home Office should allow flexibility in the timings of screening and substantive interviews to allow women who have experienced trauma sufficient rest and recovery time where appropriate 5. The use of Country of Origin Information and Operational Guidance Notes in determining the outcome of asylum applications 5.1 The Country of Origin Information (COI) available to decision-makers lacks sufficient objective information on the status and rights of women Refugee Council (2012) Between a rock and a hard place: the dilemma facing refused asylum seekers, _Place_ pdf Refugee Women s Strategy Group April

5 5.2 Too often, we hear of women who fear gender based harm facing internal relocation to countries where protection mechanisms are not in place. Without accurate COI and Operational Guidance notes many single, separated, divorced or lesbian women are at risk of being returned to circumstances of abuse, exploitation and further persecution. 5.3 Recommendations Country of Origin Information and Operational Guidance Notes must be regularly updated and accurately reflect the status and rights of women Internal relocation should not be applied without sufficient analysis of the risks women would face upon return 6. The assessment of the credibility of women, the mentally ill, victims of torture and specific nationalities within the decision-making process and whether this is reflected in appeal outcomes 6.1 We believe from our experience that there is a culture of disbelief among UK asylum decision-makers. Many women tell us they feel that their story has not been believed. Research has shown that discrepancies in accounts cannot serve as a reliable measure of a woman s credibility. 11 We also know from research by Asylum Aid that UKBA consistently makes the wrong decisions for women seeking asylum, which then have to be corrected by immigration judges % of women in their research were first refused on the basis of credibility. 42% of these decisions were overturned on appeal (the average for all asylum cases is 28%). This evidence clearly shows that decisions in women s claims are consistently wrong. We believe that there are a number of things the Home Office could do to improve their assessment of the credibility of women and we have detailed these below. 6.2 Policy states that women may request a female decision-maker or interpreter, but we know that in practice women are not always given this opportunity. We believe that, given the high numbers of women who have experienced gender based violence, all women should be routinely provided with a female decision maker and interpreter and clearly informed that they can request otherwise if they wish. Screening and substantive interviews should be rearranged if female staff are not available. 6.3 We strongly believe that childcare for substantive interviews should be established as Home Office policy across the UK. Providing childcare would lead to better quality disclosure, shorter interviews and less need for rescheduling or cancelling interviews, as well as supporting better quality decision-making. While we understand childcare provision for substantive interviews has a financial cost, we believe this is relatively small compared to the significant benefits. 11 Herlihy, Scragg& Turner (2002), Discrepancies in Autobiographical memories, BMJ 2002, vol Asylum Aid (2011) Unsustainable: the quality of initial decision making in women s asylum claims, Refugee Women s Strategy Group April

6 Furthermore, the consistent provision of appropriate childcare is likely to reduce the number of asylum claimants appealing, applying for judicial review or submitting fresh claims on the basis of not having had the opportunity to disclose full details of their claim. Our Voices: Gulnaz, Pakistan When I had my substantive interview, there were 5 people (myself, interpreter, my child and 2 staff from UKBA) in a small room. Every 5mins, my daughter was interrupting asking for a drink or to go to the toilet or for me to do something with her. It was impossible to concentrate and I forgot so many things. The atmosphere was so tense, I was crying in front of my daughter. I had to talk about the domestic violence that I had experienced and my daughter heard everything 6.4 Women in our group believe from their experience of substantive interviews that decision makers need more training on sensitive interview questioning, understanding the nature and impact of gender based violence, and how memory can be affected by trauma. Our Voices: Olivia, Democratic Republic of the Congo During the interview, I was asked 8 times to give the date that my son died 6.5 It is important that the Home Office is flexible in the timing of substantive interviews to allow women who have experienced trauma sufficient rest and recovery time where appropriate. Research shows that many asylum seekers are too traumatised and ashamed to talk about their experiences in substantive interviews and 10 out of 12 refugees in one study who said they had difficulty disclosing their story had experienced sexual violence Many of our members have experienced poor quality interpreting and a lack of professionalism from interpreters provided by the Home Office, which has impacted on their ability to communicate their experiences and, consequently, on the quality of decision making in their cases. We believe that training should be provided to decision-makers on working with interpreters and that interpreters themselves must be specialised and valued as professionals. 6.7 Recommendations All women should be routinely provided with a female interviewer and interpreter and clearly informed they can request otherwise Childcare should be provided for all substantive interviews across all regions and interviews should be rearranged if childcare is not available 13 Bogner, Herlihy & Brewin (2007), Disclosure of Sexual Violence in Home Office Interviews, BJP 2007, vol 191 Refugee Women s Strategy Group April

7 6.7.3 All frontline and decision-making Home Office staff must be trained to understand and consider the impact of gender and trauma on the asylum claim, and on working with interpreters Flexibility in the timing of substantive interviews should be considered to allow women who have experienced trauma sufficient rest and recovery time where appropriate 7 The effectiveness of the 5 year review system introduced in We believe that the 5 year review system is ineffective and creates unnecessary expense and bureaucracy for the Home Office. Many asylum seekers spend years in the asylum system: the 5 year review causes further instability and is a barrier to integration. We know women who have been unable to secure permanent employment due to their 5 year status. 7.2 Recommendation The 5 year review system should be abolished and replaced with Indefinite Leave to Remain 8 Whether the system of support to asylum applicants (including section 4 support) is sufficient and effective and possible improvements 8.1 Our experience is that the current levels of asylum support fail to cover the essential living needs of asylum seekers and fall below most poverty measures. Many women, including those who are pregnant or with health issues, are struggling to meet their essential living needs, including appropriate food, clothes, toiletries and baby equipment. While asylum support was previously set at 70% of income support, current rates have not increased significantly for 10 years and are now just over half the amount that someone on basic income support receives. 8.2 The current levels of support do not take into consideration that young asylum seekers are not entitled to Education Maintenance Allowance. 14 Parents struggle to pay for books, uniforms and other essentials for older children and often have to sacrifice food in order to do so. Under the current system a child s support is reduced when they reach 16yrs from to and to when they are 18yrs, despite the cost of supporting a young person of this age increasing. 8.3 We have serious concerns about the use of the Azure payment card for Section 4 support, particularly for women and children. In our view it is extremely dangerous for women to have no access to money, particularly in an emergency. Women on Section 4 are unable to travel to appointments with their legal representatives or to attend essential health appointments. Further, restrictions 14 EMAs were scrapped in England in 2010, but the Scottish Government continues to provide EMAs to students who are ordinarily resident in Scotland, Refugee Women s Strategy Group April

8 on the shops that accept Azure cards mean that families are unable to meet their dietary, religious and cultural needs. Our Voices: Leyla, Sudan After I was refused asylum I applied for Section 4 because I was heavily pregnant. My son is now nearly 4yrs and we re still on Section 4. We receive 114 a week for 2 adults and my son. We can buy cheap food and we have a roof over our heads but we can t afford much else. We have no choice how to spend what we have we can t go to cheaper shops or markets or buy what we like in African shops. I plan carefully because if I forget something I can t go to the local shop. I can t just get a bus. It s 30mins walk uphill to the supermarket and 30mins back. Since using the Azure Card I m always stressed and my son feels it. I have mouth ulcers, migraines and I m so forgetful. I worry about how it all affects my son and what the future holds for us. 8.4 One of our members was moved 7 times during the 4yrs she spent living on asylum support in Glasgow. Her physical and mental health deteriorated considerably over the 4yrs and her young daughter had to change schools and GPs several times. We urge the Home Office to ensure asylum support accommodation is appropriate, safe and that unnecessary moves are avoided. 8.5 Recommendations Asylum support should be increased in line with inflation and reflect current income support levels Asylum support for dependent young people over 16yrs should remain the same as for younger children Asylum seekers should be permitted to access Educational Maintenance Allowance (Scotland & Wales) The UK Government should consider reintegrating asylum support within the mainstream benefits system to avoid over-complication and stigmatisation Section 4 cashless support should be abolished and end-to-end cashbased support provided 9 The prevalence of destitution amongst asylum applicants and refused asylum seekers 9.1 A survey of asylum seekers accessing advice and support agencies across Glasgow in one week in March 2012 recorded 11 families with a total of 21 dependent children asking for help because they were destitute. 15 The same 15 Gillespie, M (2012) Trapped: destitution and asylum in Scotland, Scottish Poverty Information Unit, Glasgow Caledonian University, Refugee Women s Strategy Group April

9 survey identified 5 pregnant women and 2 new mothers seeking help because they were destitute. This statistic is similar to other research carried out across the UK, for example by Destitution Concern Bradford. 16 It shows that the UK government s policy of deliberate destitution affects single people, families and also children. 9.2 Women who are made destitute are particularly vulnerable to exploitation and abuse. From our experience, the deliberate threat of destitution does not result in people leaving the UK. People in this situation feel that they do not have a choice and, for many, their lives are chaotic and so much about daily survival that they are not in a position to make an informed decision about leaving the UK. 9.3 Recommendation Women and their families should never be forced into destitution. The UK Government should ensure that end-to-end housing and financial support is provided for all asylum seekers (whether their claim is pending or unsuccessful) whilst they remain in the UK Asylum seekers should be permitted to work after 6 months in the UK, regardless of the status of their asylum claim 10 Detention 10.1 We are concerned that vulnerable women, including those with mental health needs, victims of gender based violence, pregnant women and those who have experienced trauma, are being placed in detention. Not only does detention prevent women from receiving necessary help in their recovery process but it can re-awaken past trauma and further worsen their mental health We are concerned that the UK is one of the few countries in Europe not to have a maximum time limit on detention, with some people being detained for years. Indefinite detention causes immense stress and anxiety to those affected and many people are eventually released back into the community rather than removed from the UK We know women who have been removed from the UK in the late stages of pregnancy. This practice puts women with already complex pregnancies at considerable risk from stress, anxiety and potentially, serious risk of harm on return. The UK Government must review this policy in light of evidence of the poor maternal outcomes of asylum seeking women in the UK Recommendations _destitution_and_asylum_summary_final_compressed_pictures.pdf 16 Refugee Women s Strategy Group April

10 Vulnerable women, including those with mental health needs, pregnant women, victims of gender based violence and those who have experienced trauma, should never be placed in detention The UK Government must end indefinite detention and establish in law a maximum time limit on administrative detention for immigration purposes Stricter training and monitoring should be put in place to ensure that inappropriate force is never used on anyone during the removal process The practice of removing women in the late stages of pregnancy should be reviewed Contact details: The Refugee Women s Strategy Group Please contact us through: C/o Elaine Connelly, Women s Community Development Worker Scottish Refugee Council 5 Cadogan Square Glasgow G2 7PH Tel: Elaine.connelly@scottishrefugeecouncil.org.uk Refugee Women s Strategy Group April