38 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Single adults who cannot be returned and are Recommendation 2 applying for Section 95A The Home Office should share the burden of The Home Office should: proof for taking reasonable steps to obtain a travel document. 1. Provide clear, realistic and practical guidelines on what is considered as appropriate evidence of them taking reasonable steps to obtain a travel document. The guidelines should: The Home Office should: > Be specific to the person’s country of 1. Use its resources to assist in contacting the origin, rather than taking a one-size-fits-all relevant embassy (or embassies) to request a approach. travel document. > Be clear as to what form of contact is 2. Provide funding for travel to embassies to acceptable – written, telephone or in- facilitate the process of gathering documents. person – and specify what is considered The process of applying for such funding acceptable evidence of such contact. should be simple and information about the funding should be widely available. > Specify how many times a person is expected to attempt to contact the relevant embassy (or embassies) to request a travel document, within reasonable parameters. 2. Expect a person to apply for AVR only once Recommendation 3 they are in possession of the necessary The Home Office should grant discretionary travel document specified for their country leave to people who cannot be returned of origin in the Home Office Country Returns through no fault of their own. Guide (Home Office 2016b). Only then will it be feasible to limit people to one AVR application and expect them to leave before the application expires. Where appeal rights exhausted individuals cannot, after a period of 12 months, be re-documented, 3. Suspend the policy of regularly reviewing an or there is a barrier to return that is beyond their individual’s support when there is evidence control, and they are complying with the system, that the person has done everything in their they should be given discretionary leave to remain power to comply with re-documentation with a right to work and access higher education in procedures. the UK. 4. Re-instate the right of appeal for those who Putting in place temporary status for this are refused Section 95A support. group will prevent destitution. 5. Allow people who cannot be returned to apply for Section 95A at any time, removing the restriction of only being able to apply within the 21-day grace period. 6. Take measures to ensure people who cannot be returned do not fall through the safety net when making the transition from Section 95 to Section 95A. Keeping this group on support will prevent destitution and protect them from potential exploitation.