November 2006

ASAP NEWS ASAP NEWS ASAP NEWS ASAP NEWS ---- NOVEMBER 06 NOVEMBER 06 NOVEMBER 06 NOVEMBER 06

Issue 6

Asylum Support Appeals Project

Registered charity no. 1105625 Company limited by guarantee no. 04763838

Asylum Support Appeals Project held its second AGM on 2nd November at Amnesty International Human Rights Resource Centre in Shoreditch. The event was attended by over thirty organisations with representatives from refugee com-munity organisations, detainee support groups, refugee organisations, refugee day centres, law centres, solicitors, housing organisations and others. We had two quest speakers on the evening, Helena Ismail Helena Ismail Helena Ismail Helena Ismail who is the Coordinator of Horn of African Somali Group and Chair of London Refugee Voice, and Simon Cox Simon Cox Simon Cox Simon Cox who is a barrister with Doughty Street Chambers. Both their talks focused on the rise in destitution amongst asylum seekers in the UK and its causes.

Helena was first to speak and she gave a vivid account of the devastating effect destitution can have. She stated that it was difficult to convey the damage it does to those affected and also to the communities who are trying to assist these individuals. The policy of withdrawing support to those who have unsuccessful asylum claims is inhumane, particularly as many these individuals are unable to re-turn to their countries of origin. Many of those who have been destitute for a long time have developed mental and physical health problems but are unable to ac-cess treatment because of their status. She pointed out that this problem is not just confined to Somalis but is a common problem amongst many nationalities. She stated that the government was not interested in the plight of these individuals even though they are aware that many cannot return home.

Our second speaker of the evening was Simon Cox. He spoke largely about the situation for Iraqi nationals, who like Somalis, have had their support stopped as the government states that it is now safe for them to return home. Many fearing for their safety have chosen to remain in the UK without support, rather then risk returning. They are now approximately ten thousand rejected Iraqi asylum seekers in the U.K. He stated that no assessment of the risks involved in travelling to vari-ous parts of Iraq has been undertaken by the government. He pointed out that they are not prepared to confront the issue of safety of returns to Iraq and this position reflects their policy on removals in general. This position is currently being challenged in the High Court but the government needs to address the prob-lems of failed asylum seekers, who through no fault of their own, cannot return home.

We also enjoyed great food and entertainment on the evening was provided by a dance and music group from Roma Support GroupRoma Support GroupRoma Support GroupRoma Support Group.

ASAP Holds its Second AGMASAP Holds its Second AGMASAP Holds its Second AGMASAP Holds its Second AGM

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ASAP News - November 06

FREE! HalfFREE! HalfFREE! HalfFREE! Half----Day Training Course: Support Options For Failed Asylum Day Training Course: Support Options For Failed Asylum Day Training Course: Support Options For Failed Asylum Day Training Course: Support Options For Failed Asylum Seekers. Seekers. Seekers. Seekers.

ASAP are offering two half day courses on the 29 November 06 to Refugee Community Organisations. The course focuses on support options for failed asylum seekers. These are individuals who have exhausted the asylum procedures in the UK, including appeals. It is ideal for those working with destitute asylum seekers. It will mainly focus on Section Four support but will also discuss support from Social Services and who may qualify for Social Services support.

Session 1: 9.30 - 12.30 (registration from 9.15)

Session 2: 1.30 - 4.30 (registration from 1.15)

Note: UNFORTUNATELY THIS COURSE IS NOW FULL. Note: UNFORTUNATELY THIS COURSE IS NOW FULL. Note: UNFORTUNATELY THIS COURSE IS NOW FULL. Note: UNFORTUNATELY THIS COURSE IS NOW FULL. HOWEVER, DUE TO HIGH DEMAND WE WILL BE RUNNING HOWEVER, DUE TO HIGH DEMAND WE WILL BE RUNNING HOWEVER, DUE TO HIGH DEMAND WE WILL BE RUNNING HOWEVER, DUE TO HIGH DEMAND WE WILL BE RUNNING THE TRAINING AGAIN ON TUESDAY 23 JANUARY 07 . IF THE TRAINING AGAIN ON TUESDAY 23 JANUARY 07 . IF THE TRAINING AGAIN ON TUESDAY 23 JANUARY 07 . IF THE TRAINING AGAIN ON TUESDAY 23 JANUARY 07 . IF YOU ARE INTERESTED IN RESERVING A PLACE PLEASE YOU ARE INTERESTED IN RESERVING A PLACE PLEASE YOU ARE INTERESTED IN RESERVING A PLACE PLEASE YOU ARE INTERESTED IN RESERVING A PLACE PLEASE CONTACT US AS SOON AS POSSIBLE TO AVOID CONTACT US AS SOON AS POSSIBLE TO AVOID CONTACT US AS SOON AS POSSIBLE TO AVOID CONTACT US AS SOON AS POSSIBLE TO AVOID

DISAPPOINTMENTDISAPPOINTMENTDISAPPOINTMENTDISAPPOINTMENT....

Please note that our training courses are only open to members. For information on how to become a member please contact us on 020 8684 5874.

ASAP can also provide free in-house training sessions or workshops which suit your organisation’s needs and requirements. Your organisation needs be a refugee community organisation or voluntary advice agency based in London area which gives advice to asylum seekers. If you are interested, please get in touch with us.

CHECK OUT ASAP’S NEW WEBSITE CHECK OUT ASAP’S NEW WEBSITE CHECK OUT ASAP’S NEW WEBSITE CHECK OUT ASAP’S NEW WEBSITE

www.asaproject.org.uk www.asaproject.org.uk www.asaproject.org.uk www.asaproject.org.uk

We have recently launched our new website which is very comprehensive and easy to navigate round. It contains lots of useful information including :

• FACTSHEETS: FACTSHEETS: FACTSHEETS: FACTSHEETS: on all aspects on NASS provision including asylum support appeals

• ASAP NEWSLETTERS ASAP NEWSLETTERS ASAP NEWSLETTERS ASAP NEWSLETTERS - the latest one plus all our back copies

• FAQ’sFAQ’sFAQ’sFAQ’s - Providing the answers to many common questions about appeals

• ASAP LEAFLETSASAP LEAFLETSASAP LEAFLETSASAP LEAFLETS - covering the various services provided by ASAP including a list of the training courses we provide

• USEFUL LINKS USEFUL LINKS USEFUL LINKS USEFUL LINKS ---- a list of various organisation assisting asylum seekers in the UK

Aoife O’Higgins of London Detainee Support Group said “Most people in detention don’t know that support is available to them from NASS. The train-ing and support that we receive from ASAP has allowed us to help a huge number of our clients. Having a chance to observe ASAP’s court representation work for some of our clients was par-ticularly useful. And we quickly devel-oped confidence and expertise to advocate directly to NASS Section 4 team on behalf of clients.”

As a result of their work with ASAP, London Detainee Support Group has now run 2 NASS advice surgeries in detention centres and helped 27 detainees to receive section 4 support from NASS. They are now seeking funding to cope with a growing demand for their NASS advice service.

ASAP’s training service is only available to London based organisa-tions at the moment. However, we are planning extend our service to organi-sations based outside London next year. If your organisation would like to receive training from ASAP, please contact us on 020 8684 5873.

Hammersmith and Fulham Refugee Hammersmith and Fulham Refugee Hammersmith and Fulham Refugee Hammersmith and Fulham Refugee Forum Forum Forum Forum www.hfrf.orgwww.hfrf.orgwww.hfrf.orgwww.hfrf.org

London Detainee Support Group London Detainee Support Group London Detainee Support Group London Detainee Support Group www.ldsg.org.ukwww.ldsg.org.ukwww.ldsg.org.ukwww.ldsg.org.uk

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ASAP News - November

ASAP TRAINING SERVICE ASAP TRAINING SERVICE ASAP TRAINING SERVICE ASAP TRAINING SERVICE

Do you work with destitute asylum seekers? Has your organisation attended ASAP’s training on asylum support appeals? Over the last 1.5 years, ASAP has helped many refugee community organisations and advisors to build up their skills to assist asylum seekers with their section 4 (hard case) application and NASS appeals.

In Oct 06, ASAP ran a short training session on section 4 support to 11 refu-gee community organisations. The train-ing was facilitated by the Hammersmith Hammersmith Hammersmith Hammersmith and Fulham Refugee Forum and Fulham Refugee Forum and Fulham Refugee Forum and Fulham Refugee Forum for its mem-bers. Many of the forum members work with destitute asylum seekers and give them advice.

The participants found the training useful and relevant to their day-to-day work in their organisation. One participant said “It was great. I learned a lot and thank you for that”. Another said “I now know how difficult it is to get section 4 support from NASS”.

ASAP would like to work with more refugee forums across London. Please get in touch with us if you are interested.

ASAP has also assisted London Detainee London Detainee London Detainee London Detainee Support GroupSupport GroupSupport GroupSupport Group to develop their new advice service through a series of training sessions and help over the Advice Line. Many failed asylum seekers in detention were not able to apply for bail (permission to leave detention) be-cause they did not have an address to be released to.

ASAP DESTITUTION AWARENESS WEEK

4TH - 8TH DECEMBER 06

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ASAP News - November 06

ASAP believes that everyone is entitled to adequate housing and support and is committed to helping destitute asylum seekers get the NASS support they are entitled to.

Under the duty scheme, ASAP provides free representation to asylum seekers at their NASS appeal twice a week. There is no public funding available for NASS appeals so asylum seekers cannot get solicitors to help them with their appeals. This means most asylum seekers go into their appeals alone. An asylum seeker is 50% more likely to win their appeal if they have representation.

ASAP want to highlight how important it is that asylum seekers get good legal advice so we are running a Destitution Awareness WeekDestitution Awareness WeekDestitution Awareness WeekDestitution Awareness Week between Monday 4th December and Friday 5th December. For one week we want to try and advise and represent every person who has a NASS appeal that week. Barristers, solicitors and practitioners are joining us at the Asylum Support Adjudicators where NASS appeals take place to help us do this. ASAP hopes that this will help even more people get support and demonstrate that public funding should be available to allow solicitors to represent people at NASS appeals so the most vulnerable people in society get what they are entitled to.

If you want more information on Destitution Awareness Week or if one of your clients has an appeal in this week, please contact ASAP. If you want to know more about NASS appeals or if you want to observe a NASS appeal please contact us.

Responding to Directions from Asylum Support Adjudicators (ASA)Responding to Directions from Asylum Support Adjudicators (ASA)Responding to Directions from Asylum Support Adjudicators (ASA)Responding to Directions from Asylum Support Adjudicators (ASA)

(Some hints) (Some hints) (Some hints) (Some hints)

The ASA are the court which hears Asylum Support Appeals and where ASAP runs its court duty scheme. When a person makes an appeal to the ASA, the ASA sends a list of instructions to the person who appealed or the agency or community group which helped them appeal. These instructions are called Direc-tions and usually list extra evidence that the ASA need to make a decision on the appeal. The ASA find appeals very difficult to decide if people do not respond to the Directions and it is important that the person appealing has all the evidence they need.

If you are helping someone with their appeal and you get sent Directions it is very important that the person sees these so they can get the evidence the court needs. If you can help get the evidence and send it to the court then this would help your client even more. If you need any advice on Directions contact the ASAP advice line.

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ASAP News - November

LATEST NEWS ON ASYLUM SUPPORT APPEALS!!!!

Medical Issues at the ASAMedical Issues at the ASAMedical Issues at the ASAMedical Issues at the ASA

In our last newsletter, ASAP explained that a case in the High Court had decided that if a person wants to claim Section 4 support on the basis that they were too ill to travel (Regulation 3(2)(b)) they had to get evidence from a doctor or specialist which specifically stated that they were not able to travel because of their medical problems. Recently, ASAP successfully argued that one of their clients was unable to travel because of his mental health problems and should get Section 4 support:

Adem was a 25 year old man from Eritrea. He had been homeless for four years when ASAP met him on the day of his hearing. He had been begging for food and money for the last 6 months as he had spent too much time at charities which could not afford to support him on a long term basis.

Adem had complex mental health problems and had been diagnosed as suffering from depression, anxiety and post traumatic stress disorder. He was suicidal and had attempted suicide on two occasions. He was tired of being homeless and was thinking about suicide again.

Adem’s psychiatrist had said that he could not travel because he was too depressed and may kill himself. The psychiatrist said that Adem would have to wait for his medication to start working properly before he would be able to travel anywhere. Even travelling to the hearing had been very difficult for Adem.

ASAP argued that Adem should be given Section 4 support because he was at risk of suicide if he was expected to leave the UK. ASAP also argued that Adem’s psychiatrist’s opinion was more important than the opinion of the NASS medical officer. The medical officer had said that Adem was well enough to travel but ASAP argued that because the psychiatrist had met and examined Adem, his opinion should be the one the court accepts. Adem’s appeal was allowed.

If you want more advice on finding out whether someone is entitled to Section 4 support because of a medical condition contact our helpline.

Section Four Support for Rejected Iraqi Asylum Seekers Section Four Support for Rejected Iraqi Asylum Seekers Section Four Support for Rejected Iraqi Asylum Seekers Section Four Support for Rejected Iraqi Asylum Seekers

After the Home Office changed its policy in August 2005 many Iraqis continued to apply for Section 4 support arguing that there was no safe route of return for them. These were mainly individuals who originated from outside of Kurdish Autonomous Zone (KAZ ) . Up until recently the vast majority of these applications have been refused on the basis that a safe route of return exists. However, at the end of September / early end of September / early end of September / early end of September / early October 06October 06October 06October 06 there appears to have been a policy shift by NASS and the Office in relation to these applications.

In the past couple of months most Iraqis from outside the KAZ applying for Section 4 support have been given it.given it.given it.given it. These are individuals who have made Section 4 applications on the basis that they have taken reasonable steps to return and based on the advice they have received from IOM about the route of return they would be expected to take, decided that the route was unsafe for them. Normally these individuals have been as-sisted to fill in their applications by the One Stop Services around the country.

Continued overleaf Continued overleaf Continued overleaf Continued overleaf

Asylum Support Appeals News contd.

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ASAP News - November 06

Iraqis and Section Four continued...

If you are from outside the KAZ, and think it's not safe to return voluntarily you should apply for Section 4 support following the advice below.

You or your adviser will need to contact IOM to find out about the exact route of return you would be need to take where you to return. You will not need to You will not need to You will not need to You will not need to complete a VARRP applicationcomplete a VARRP applicationcomplete a VARRP applicationcomplete a VARRP application form for return form for return form for return form for return

If you feel that the route for return is too dangerous, you can apply for Section 4 on the basis they you have 'taken all reasonable steps to return’ (section (a) on the Section Four application form) as you have got advice from IOM and decided it's not safe for you to go. It will help if you have reports, articles etc about the danger of the roads you would have to travel on within Iraq.

You will also have to show that you are destitute which means you have nowhere to live and no money to buy food.

NASS will probably respond by saying they are treating your application for Section 4 support as if you have made fresh asylum claim and are giving you support for this reason. They will ask you to send in any extra evidence you would like them to consider as part of the fresh claim. You may want to contact a solicitor to help you with this.

We are not clear exactly the reason why NASS is taking this new approach to Section 4 applications from Iraqis. We are currently trying to clarify the situation.

If you are not sure what to do go to your nearest Refugee Organisation and they will help you to complete the form. If they are unsure they can call our advice line and we will explain . Tel 020 8684 5874

Individuals who are refused Section 4 by NASS can appeal and if that is refused can apply for a judicial review of this decision and asked to be granted interim relief (support) in the meantime. There are two solicitors in London we know of who are undertaking judicial reviews on behalf of Iraqis. These are Pierce Glynn Pierce Glynn Pierce Glynn Pierce Glynn Solicitors Solicitors Solicitors Solicitors (Telephone 020 7407 0007) and Hammersmith and Fulham Law CentreHammersmith and Fulham Law CentreHammersmith and Fulham Law CentreHammersmith and Fulham Law Centre (Telephone 020 8742 6166).

Iraqis from KAZ Iraqis from KAZ Iraqis from KAZ Iraqis from KAZ

The situation for those who are from within the KAZ is much more difficult in terms of getting Section 4 support. They will not be able to use the reasonable steps and no safe routes arguments as the Home Office believe it is safe to return to the KAZ areas. They would therefore have to meet one of the other conditions of Section 4 if they are to qualify. We are aware that there are concerns about human rights and issues relating to persecution in KAZ. Individuals who make fresh claims on this basis can apply for Section 4 support. Also there may be individuals who are too ill to travel and again could apply for Section 4. However, they will need to provide medical evidence stating clearly why they are unable to board a flight.

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ASAP News - November 06

Forthcoming Report from the Asylum Support Appeals Project Forthcoming Report from the Asylum Support Appeals Project Forthcoming Report from the Asylum Support Appeals Project Forthcoming Report from the Asylum Support Appeals Project

NASS Decision Making: Are they Getting it Right? NASS Decision Making: Are they Getting it Right? NASS Decision Making: Are they Getting it Right? NASS Decision Making: Are they Getting it Right?

ASAP are producing a report into the quality of NASS decision making, ASAP research has shown that many of the Section 4 decisions made by NASS get the law wrong. This means that lots of people who are entitled to support may not get it unless they appeal. The ASAP report will be available soon but in the meantime, the following case study shows the type of mistake NASS can make.

Benoit was from the Democratic Republic of the Congo and had approached the International Organisation for Migration (IOM). He wanted to go home and see his family so had signed up to IOM’s voluntary return programme (VARRP) and IOM were trying to sort out his travel documents and book his flight home. Because of this he applied for Section 4 support because he was taking all reasonable steps to leave the UK. NASS refused to provide him support and said in the decision letter;

“Although you have signed up to VARRP you have not taken all reasonable steps to leave the UK because you have not been to IOM”.

The agency which was helping Benoit quickly called NASS and pointed out that Benoit had been to IOM because VARRP is run by them. Benoit got NASS support.

If one of your clients gets refused NASS support don’t assume the decision is right, if you want advice on a NASS support refusal letter contact our advice line.

ASAP’s Annual Report ASAP’s Annual Report ASAP’s Annual Report ASAP’s Annual Report

ASAP’s latest annual report was launched at the AGM on 2 Nov 06. The report contains a summary of ASAP’s achievements in 2005/06. This includes our successful NASS appeals representation work at the ASA, case studies from our court work and an overview of the work we have undertaken with refugee community organisations through our Advice Line and training. If you would like to receive a copy, please contact ASAP on 020 8684 5873.

advicenow Website advicenow Website advicenow Website advicenow Website

ASAP and advicenow have jointly produced a useful webpage which gives general information about NASS support and NASS appeals If your colleagues and volunteers are new to NASS advice, it is a good place to start. You can see the page at:

http://www.advicenow.org.uk/go/feature/package_74.htmlhttp://www.advicenow.org.uk/go/feature/package_74.htmlhttp://www.advicenow.org.uk/go/feature/package_74.htmlhttp://www.advicenow.org.uk/go/feature/package_74.html

And other Bits and Pieces …..And other Bits and Pieces …..And other Bits and Pieces …..And other Bits and Pieces …..

ASAP Advice Line 020 8684 5972

advice@asaproject.org.uk

If you are advising asylum seekers about their asylum support problems and need help, you can always call our Advice Line. Our Advice Line is open:

Mon 2pm to 4pmMon 2pm to 4pmMon 2pm to 4pmMon 2pm to 4pm

Tue 10am to 12:30pm, 2pm to 4pmTue 10am to 12:30pm, 2pm to 4pmTue 10am to 12:30pm, 2pm to 4pmTue 10am to 12:30pm, 2pm to 4pm

Wed 10am to 12:30pmWed 10am to 12:30pmWed 10am to 12:30pmWed 10am to 12:30pm

Thu 2pm to 4pmThu 2pm to 4pmThu 2pm to 4pmThu 2pm to 4pm

Fri CLOSEDFri CLOSEDFri CLOSEDFri CLOSED

Our legal advisors are available to answer your queries and help you help your clients. Occasionally we might be able to represent your clients at the hearing in Croydon. Please Please Please Please note that we do not provide immigration note that we do not provide immigration note that we do not provide immigration note that we do not provide immigration advice. advice. advice. advice.

ASAP NEWS ASAP NEWS ASAP NEWS ASAP NEWS ---- NOVEMBER O6 NOVEMBER O6 NOVEMBER O6 NOVEMBER O6 Page 8

Free ASAP factsheetsFree ASAP factsheetsFree ASAP factsheetsFree ASAP factsheets

No 1: introduction to NASS support

No 2: Introduction to Asylum

No 3: Making an Appeal to the ASA

No 4: After a Negative Decision at the ASA

No 5: Section 4 Support for Failed Asylum Seekers

No 6: Section 4 Support and Community Activities

No 7: Section 9 Withdrawal of Support for Failed Asylum Seeker Families

No 8: Breach of Conditions of Asylum support

No 9: Introduction to Community Care

No 10: The European Convention on Human Rights and The Human Rights Act 1998

No 11: Introduction to Judicial Review

If you would like a copy, you can ring us on 020 8684 5874 or download them from our website which is www.assproject.org.uk

ASAP is supported by:ASAP is supported by:ASAP is supported by:ASAP is supported by:

AW. 60 Charitable Trust

Helen Tetlow Memorial Fund

Law Society Charity

London Legal Support Trust

Garden Court Chambers

City Parochial Foundation

ASAP believes that all asylum seekers have a right to competent, free legal advice and representation on asylum support issues. We run an Advice Line, a duty scheme at the Asylum Support Adjudicator and training courses for refugee community organisations. Please contact us if you need more information:

Eiri Ohtani Eiri Ohtani Eiri Ohtani Eiri Ohtani ---- Co Co Co Co----ordinatorordinatorordinatorordinator

Eiri@asaproject.org.uk, 020 8684 5873

Lisa Woodall Lisa Woodall Lisa Woodall Lisa Woodall ---- Legal Advice, Representation and TrainingLegal Advice, Representation and TrainingLegal Advice, Representation and TrainingLegal Advice, Representation and Training

Lisa@asaproject.org.uk, 020 8684 5875

Gerry Hickey Gerry Hickey Gerry Hickey Gerry Hickey ---- Legal Advice, Representation and TrainingLegal Advice, Representation and TrainingLegal Advice, Representation and TrainingLegal Advice, Representation and Training

Gerry@asaproject.org.uk, 020 8684 5874

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Asylum Support Appeals Project (ASAP)

Cornerstone House, 14 Wills Road, Croydon CR0 2XX