6 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 2014 data provide a more complete picture of of the relationship with the relevant embassy or the outcomes for asylum seekers. As at May foreign government and the nature of the process 2016, of the 25,033 main applicants who applied itself. The embassy or foreign government defines for asylum in 2014, an estimated 12,563 (50 how the process operates for their nationals and per cent) were granted asylum, humanitarian ultimately makes the decision as to whether or not protection or discretionary leave, either at initial to issue an ETD in each individual case. Lack of decision or after appeal; 9,941 (40 per cent) diplomatic ties between the UK and the country were refused or withdrawn; and 2,529 (10 per of origin and the unwillingness or inability of an cent) were still awaiting confirmation of an initial embassy or high commission to recognise or re- decision or appeal outcome (Home Office 2016a). document their nationals can make it difficult for a Of the 9,941 whose applications were refused refused asylum seeker to obtain a travel document or withdrawn, as at May 2016 there had been (BID 2016). At the time of the report: An inspection 2,755 enforced removals (including returns from of the emergency travel document process May– detention), 882 voluntary departures and 440 September 2013 (Independent Chief Inspector assisted voluntary returns. of Borders and Immigration 2014), there were 78 different ETD processes in operation. Previous research, including work by the Refugee Council (2012), has listed a number of reasons There may also be logistical and practical why people do not return. Many continue to difficulties associated with lack of direct flight believe that their lives are at risk and that they will routes or transporting people to countries where face persecution if they return, even if the Home airports are not operational. From April 2011 to Office believes their fears to be unfounded. In December 2015, Refugee Action delivered the some cases, their concerns may be justified, but Choices Assisted Voluntary Return (AVR) service, they have been unable to put their case effectively which provided independent, impartial advice because they lacked access to good quality legal and support to individuals considering returning advice or representation. They may believe the UK voluntarily to their home countries. Refugee Action government has made a mistake and, therefore, maintained a list of countries to which people are preparing a fresh claim for asylum. could not be returned. As at December 2015, Palestine, Syria and Yemen were all listed as Another reason – one less debated and under- impossible to return people to, due to there being stood in public policy discourse – is that the no direct flight route (Refugee Action 2016). person cannot be returned. 1.1.1 Establishing nationality 1.1 The logistics of return A number of factors may result in a person not being able to establish their identity to the sat- To leave the UK, a refused asylum seeker will isfaction of their embassy so as to obtain new need a travel document. The Home Office Country travel documents. According to York (2015), these Returns Guide (Home Office 2016b) details the include: type of travel document required. The Home Office can issue European Union letters (EULs) for certain > Where a person has no national documents countries, such as Ethiopia. However, even then, or any other form of identity (ID) because EUL removals to Ethiopia can only be arranged they never had any, the documents were once approved by the Ethiopian authorities destroyed on entering the UK, or they lost their and removals must be supported by evidence documents while living in the UK. clearly demonstrating Ethiopian nationality (Home Office 2016b). Many countries do not accept > Where, because of war, unrest or an EUL and will only accept a valid passport or environmental catastrophe, a person has spent emergency travel document (ETD). The Country most of their life outside their country of origin. Returns Guide details the expected timescale for acquiring an ETD, depending on the type of > Where a person finds that their country of origin evidence submitted (original, copy or none). For has become part of another country and they many countries, including Algeria, Eritrea and are unable to establish their nationality. Zimbabwe, the returns guide contains the entry “no established timescales” (Home Office 2016b). > Where the Home Office disputes a person’s nationality on the basis of language analysis, The efficiency and effectiveness of the ETD alleged inconsistencies in their asylum claims application process relies heavily on the strength or their own changed story.
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