Asylum seekers and refugees

Asylum seekers and refugees - directory of services

News flash: RMJ goes into administration

On 15 June Refugee and Migrant Justice went into administration - see the statement.

For advice about legal representation following this announcement, try contacting:

Asylum seekers

An asylum seeker is a person exercising their right to seek asylum, and is awaiting a decision by the host nation on their entitlement to protection.

This means it is someone who is seeking to be recognised as a refugee. Asylum seekers have a no recourse to public funds (NRPF) condition attached to their immigration status in the UK. At no point in the process before a positive asylum decision are asylum seekers able to work. However, asylum seekers are entitled to support through the UKBA, so in most cases they will not have a need to access public funds. This support covers accommodation, primary and secondary education fees and support, welfare and other principal benefits. Accommodation, however, is in most cases only available in dispersal locations – so some asylum seekers do end up as sofa surfers and sometimes destitute if they have refused to take up this accommodation.

At the end of the asylum process, claims are either accepted – at which point the person becomes a refugee – or rejected. 

Refugees 

A refugee is:

  • Someone outside his/her country of origin.
  • Someone at genuine risk and in fear of serious harm.
  • Someone who can prove that their own government does not want to (or is failing to) protect them from harm.
  • Someone who can prove that their fear is linked to their civil, political or social status (ie that there is an element of persecution).
  • Someone who needs and deserves protection.

Refugees are generally eligible for social housing and benefits on the same basis as UK nationals. 

For guidance on supporting refugees in homelessness services please see our Effective Action pages here.

Refused asylum seekers

People who have been refused asylum and whose appeal rights have been exhausted can receive support under Section 4 of the Immigration and Asylum Act 1999 if they satisfy one or more of the following conditions:

  • They are taking all reasonable steps to leave the UK, or to place themselves in a position in which they are able to leave the UK. (This includes, for example, complying with attempts to obtain a travel document to facilitate departure)
  • They are unable to leave the UK by reason of a physical impediment to travel or for some other medical reason
  • They are unable to leave the UK because in the opinion of the Secretary of State there is currently no viable route of return available
  • They have made an application for judicial review
  • The provision of accommodation is necessary for the purpose of avoiding a breach of the Human Rights Act 1998.

Section 4 support can also be provided to those on temporary admission or who are released on bail.

In October 2009, UKBA made some important changes to Section 4 Support - read the briefing from Asylum Support Appeals Project (ASAP) by clicking here.

In January 2010, further changes were announced to the way in which financial support is given to refused asylum seekers under Section 4. View the article from Inside Housing.
 

Research and statistics

At the end of September 2009, 29,895 asylum seekers were in receipt of asylum support, including dependants.  This is broken down as follows:
  • 4,900 asylum seekers were receiving subsistence only support.
  • 24,170 asylum seekers were supported in dispersal accommodation.
  • 820 asylum seekers were supported in initial accommodation.
In addition, 12,020 applicants, excluding dependants, were in receipt of Section 4 support.
For the most recent government statistics on migration, click here.
 
In January 2010, the Refugee Council published a major new research report on why people seek asylum in the UK. To view the findings click here. 
 

Resources

Information pack for refugees (English) - published by the Refugee Council

NHS Newham has produced an information video for migrants on how to access primary health services in the borough.

Directory of services

Click here to view a directory of services of organisations working with asylum seekers and refugees.