Why Refugee and Migrant Justice must not be allowed to fail
Vulnerable people need an advocate in the face of an uncaring system.
By Daniel Trilling Published 03 June 2010 16:10
When a bank is on the verge of collapse, financiers and politicians are apt to rally round, saying it is "too big to fail". The leading UK charity Refugee and Migrant Justice, which is under threat of closure, may not command such attention, but to the thousands of asylum-seekers it supports each year, it is a lifeline.
This week, leading figures including the Archbishop of Canterbury joined calls to save RMJ, which is the largest charity of its kind in the UK and provides legal advice to roughly 10,000 vulnerable people, including 900 unaccompanied children. It is threatened by changes to the legal aid system which determine that money is now paid upon completion of casework.
As a result, the charity faces a huge cash shortfall. Caroline Slocock, RMJ's chief executive, said:
RMJ is not asking for new money, simply prompt payment of legal aid for the work it has carried out. Until recently we were given regular, ongoing payments for the work we do. As a not-for-profit organisation, we cannot expect to make sufficient profit to finance millions of pounds of working capital.
In its defence, the Minstry of Justice says that RMJ has had three years' notice of the legal aid changes and that it has worked with the charity to help minimise "disruption". But a spokesperson for the charity pointed out that while it needs £1.8m over the next six months to survive, the closure of RMJ would cost the government more than £2m, as the government would need to pay other providers to take on cases.
The issue is about more than money, however. No one knows the value of RMJ's work better than John "Bosco" Nyombi, who fled Uganda in 2001 in fear for his life. Nyombi, 31, is gay and his lifestyle had long made him the target of abuse in his home country, where homosexuality is a crime.
The final straw came when police raided a bar near his home. "My friends were arrested and they were beaten up really severely," he says. "The police mentioned my name. They went to my mum's house and my place of work. That's when I decided to leave."
If Britain fully honoured its commitment to the 1951 UN Refugee Convention, which defines a refugee as someone with "a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion", Nyombi's struggle might have ended there. Instead, he fought a six-year battle with the Home Office to have his asylum claim accepted.
In 2008, he was detained for four months ahead of being deported back to Uganda, during which time he was not allowed to contact his solicitor. But lawyers at RMJ working on his behalf were able to appeal against the decision and he was finally granted leave to stay.
"I wouldn't be here talking now if it wasn't for RMJ," Nyombi says, simply.
The uphill struggle that asylum-seekers face in this country is a particularly poisonous legacy of the last government. Thanks to Labour's attempts to seem "tough" on immigration, refugees who arrive in the UK are confronted by an inhumane system in which adults and children alike are detained for months on end despite having committed no crime. The asylum system is under constant pressure from strict government targets and there have been allegations of institutional racism at the UK's main asylum processing centre in Wales .
The new administration has already taken one positive step on asylum in pledging to end child detention. Its wider attitude to immigration remains unclear, with one half of the coalition having pledged limits and the other having favoured an amnesty for illegal immigrants, prior to the election.
Swift action to help RMJ would indicate how far Cameron's government is going to live up to its claim to progressive politics. Failure to do so will reveal just how little substance lies behind the "big society" window-dressing.
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22 comments
Asylum seekers DO receive benefits and housing so you are wrong there.
Upon making an asylum claim they are eligible for NASS support which includes free housing, free cash benefits, all utility bills paid, free prescriptions etc.
Only when their asylum claim fails and they have no legitimate basis to be in the UK are their benefits cut off. At this stage because they have exhausted all rights of appeal, they are expected to return home voluntarily, returning home voluntarily involved a benefits package which includes re-training and assistance with setting up businesses in their country of origin.
Only those asylum seekers who choose not to return home are living in destitution, however it is not unreasonable to suggest if your claim has failed, what are you still doing here?
Andrew - I recently read that UKBA accept 28% of re-appealed asylum claims - that's a heck of a lot of messed up applications! So it is not such a simple case of 'most failed asylum seekers are failed for a reason'. I think this stems from a very disbelieving attitude taken towards new asylum seekers. I agree that if someone an economic migrant tries to dress up as an asylum seeker then they shouldn't be here, but, from my experiences, it seems as if the UK treats them ALL (genuince and bogus) with disrespect and this has led to this high 28% of mistakes.
ISC "If these people were genuine they would stop in the nearest safe country and not cross Europe to take advantage of the gullible British tax payer."
The convention on refguees says NOTHING about having to flee only to the nearest safe country:
http://www.unhcr.org/pages/49da0e466.html
Not only that, but making a decision to escape is often done in haste - options are limited and the destination is often chosen by the smugglers not the individual asylum seekers. Most of them don't know they're coming to the UK until they arrive!
Instead of asserting that asylum seekers do or do not claim benefits, could someone cite a website/document which states the law?
That would save the to-ing and fro-ing.
"Only those asylum seekers who choose not to return home are living in destitution, however it is not unreasonable to suggest if your claim has failed, what are you still doing here?"
They are trying to survive. Because they would rather live in destitution, putting up with ignorant bigots like you, than face being killed on arrival in their countries of origin.
And I'd like to see you livein the grimy hostels asylum seekers are put up in, 4 to a room and less than £5 a day to live off.
If we gave them permission to work, they would not have to take a penny.
The UK is full up; pull up the drawbridge
Yes Shreen so genuine cases do fail, however when cases are decided subjectively that's what the system produces, unfortunately some bogus cases win. Similar to a job interview, not always the best candidate for the job is successful.
If someone has no legal basis to be here, then the UK has no obligation towards them, most failed asylum seekers are failed for a reason, they have no case yet they hang around in the UK because of the time and money they have invested in the journey to be here and to return home would be admitting defeat therefore they choose to reside here illegally, I do not see why we should be offering these people any sympathy, let alone benefits or work permission.
To grant every person who claims asylum work permission would only encourage more to come here.
Furthermore I know from my own experience that most asylum seekers who are granted work permission because they have been waiting 12 months or more for a decision choose not to work because it would mean paying tax/rent etc when it's far easier to have NASS take care of all that without lifting a finger.
"Instead of asserting that asylum seekers do or do not claim benefits, could someone cite a website/document which states the law?
That would save the to-ing and fro-ing."
I tried a quick investigation but couldn't find anything up-to-date. No wonder people are confused!
This website details the benefits available to asylum seekers: http://www.gyros.org.uk/html/asylum_seekers.html
"They are trying to survive. Because they would rather live in destitution, putting up with ignorant bigots like you, than face being killed on arrival in their countries of origin."
They are far more likely to be ignored upon arrival than killed. I worked with asylum seekers and refugees for over 5 years, I know the asylum system and asylum claimants better than most of the bleeding hearts out there, I won many an asylum appeal and had many an asylum seeker granted status because of the work I did.
Objectively speaking I would estimate in my vast experience of working with asylum claimants and hearing often the same rehearsed stories 90% of asylum claims or bogus, fake or embellished, which leaves for 10% of genuine claims in my experience.
This is not a daily mail reader talking, a right wing bigot or someone who is anti immigratiom, just someone who knows the facts and truth behind the claims and the system.
What is your opinion based upon?
Following 6 years in immigration it became difficult and I eventually moved. I agree about 5-15% of cases would make me want to cry, the remainder were almost certainly bogus.
I never resented any asylum seeker for trying, but the lawyers were often detestable. So many lawyers appeal on the most petulant minute details that bore no relevance to the overall context.
Am I surprised that lawyers want to keep milking the cash cow that a bureaucratic system that keeps giving? I would almost prefer to kick the human rights lawyers out of the country.
I have been working as a legal representative for immigrants and asylum seekers for five years now. It is sad that you have become so jaded.
"It is sad however that the majority of economic migrants parading as asylum seekers (I can't blame them, if I were in the same position I would probably do the same) tarnish the reputation of the genuine, honest claimants."
So you recognise that circumstances will often make people do things they would not normally do. Ask yourself what lengths you would go to stop yourself or your family from starving. You use figures to attempt to back up your point, where are you getting these from?
When you worked in the industry, did you voice these concerns about 90% of claims being bogus? Who to? Now you are no longer there you have lots to complain about, Why?
These same figures were used in the arguments to bring back hanging. Perhaps we should now bring back hanging because we got it right 90% and we can cross our fingers and hope circumstances don't put us or any member of our family in the bottom 10%
Just pray
The UK Taxpayer are not a registered charity.
Asylum seekers and illegal immigrants have abused the system and continue to fleece the British Taxpayer of millions of pounds in benefits.
They can all bugger off, we're broke!
Not jaded - just realistic based upon experience, the vast majority of my former colleagues are of the same opinion as me, it is sad that you are so gullible, you believe every single client that comes to you saying that they are at risk of persecution is being truthful?
Most asylum claimants stories have more holes in them than a tea bag.
It is sad however that the majority of economic migrants parading as asylum seekers (I can't blame them, if I were in the same position I would probably do the same) tarnish the reputation of the genuine, honest claimants.
Asylum seekers and illegal immigrants are not able to claim benefits.
Indeed, I think the oft-repeated cry of "but they're sponging off our benefits!" (which is, of course, untrue: asylum seekers are as you say not entitled) is indicative of the level of misinformation that tars the debate. People need to be informed before there can be a proper discussion.
I am rather more concerned with vulnerable British people who can't get housing due to the influx of bogus asylum seekers. If these people were genuine they would stop in the nearest safe country and not cross Europe to take advantage of the gullible British tax payer.
Why don't you so-called socialists advocate on behalf of our poor and disadvantaged?
"Asylum seekers and illegal immigrants have abused the system and continue to fleece the British Taxpayer of millions of pounds in benefits."
I can't believe such dangerously ill-informed views are still held by anyone. The tabloid press in this country are a truly dangerous force as long as they continue to be able to manipulate opinion in this way.
They should be deported, pronto.
"Only those asylum seekers who choose not to return home are living in destitution, however it is not unreasonable to suggest if your claim has failed, what are you still doing here?"
Andrew - is it not conceivable that initial decisions are sometimes (rarely) incorrect? In some extreme cases I know the UKBA do not even bother to review all the evidence given in support of an asylum seekers claim. It is not impossible to me then, that some people who are denied refuge are actually part of your purported 10% of genuine cases!
As others have said, asylum seekers do not receive benefits or housing and are not allowed to work. Many have had horrific experiences and only want to live in peace and make a positive contribution to our society, if only they were given the chance.
As someone who works with refugees and asylum seekers, I can vouch for RMJ and their vital work. It would be a tragedy for the groups that I work with if we were to lose RMJ and their expertise.
A lot of people (not all) are wildly mis-informed. I've attempted to do my bit to help with a debunking of some of the simpler misconceptions surrounding asylum seekers here: http://tiny.cc/mythbust
Even more detailed information is available online for those that wish to educate themselves.
Of course, those that need educating are the least likely to do it themselves. :-/