Can't Stay Can't Go

CAN’T STAY. CAN’T GO. Refused asylum seekers who cannot be returned Policy, Research and Advocacy Refusing to ignore people in crisis

CAN’T STAY. CAN’T GO. Refused asylum seekers who cannot be returned Catherine Blanchard and Sarah Joy Policy, Research and Advocacy, British Red Cross

They let me live like – between. I can’t go back and I can’t live here… If you die, nobody cares really. Walid, Algeria Copyright © 2017 Any part of this publication may be cited, translated into other languages or adapted to meet the local needs without prior permission of the British Red Cross, provided that the source is clearly stated. Photos: Front cover: Mikael Damkier/Shutterstock.com; pages 3, 9, 27, 40: Simon Rawles/British Red Cross; page 4: Claudia Janke/British Red Cross; pages 10, 16, 18, 36: Jonathan Banks/British Red Cross; page 32: PeskyMonkey/Getty Images; page 39: tiburonstudios/Getty Images. Editing and layout: Green Ink (greenink.co.uk) ISBN 978-0-900228-32-2

Executive summary 1 1 Introduction 5 1.1 The logistics of return 6 1.2 What happens to people who cannot be returned? 7 1.3 The risk of statelessness 8 1.4 The suffering and limbo facing those who cannot be returned 9 2 Research aim, objectives and methodology 11 3 Findings 13 3.1 Our participants 13 contents 3.2 Coming to the UK 14 3.3 Having money 14 3.4 Having a home 17 3.5 Having food to eat 19 3.6 Having clothes to wear 20 3.7 Health 20 3.8 Social support 23 3.9 Personal safety 24 3.10 A life in limbo 25 3.11 Control over life 26 3.12 What keeps you strong? 26 3.13 Documentation difficulties 29 3.14 Detention 30 3.15 Statelessness 30 3.16 What changes would they like to see? 31 3.17 Closing comments 34 4 Conclusion 35 5 Recommendations 37 References 41 Appendix: Our refused asylum seekers 43

Acknowledgements Special thanks to: > Our project group – Karl Pike, Alex Fraser, Jonathan Ellis, Anna MacSwan and Alison McNulty – for their insight and endless enthusiasm. > Our British Red Cross colleagues – Olivia Field, Rosie Longley, Fiona MacLeod and Joe Potter– for providing opportunities to discuss the research at critical points along the way. > Our research participants for giving their time and sharing their views and experiences. > Staff at the British Red Cross refugee support service teams in Birmingham (Nina Lugor and Luke Appleton); Glasgow (Jillian McBride, Aelfred De Sigley and Claire Tindale); Leeds (Lucy Simmonds and Stefan Robert); Leicester (Cathy Stevenson, Eric Nkundumubano, Benedetta Balmaverde and Piotr Kuhiwczak); and Teesside (Hilary Hodgson) for their collaboration and participation in the research. > Ruth McKenna, Research and Development Officer in Scotland, for carrying out the fieldwork in Glasgow and for her enthusiasm and interest in the research. > Our external contacts for sharing their expertise and helping shape the study; in particular: Mike Kaye (Still Human Still Here); Andy Hewett and Marie-Anne Fishwick (Asylum Support Appeals Project); Lisa Doyle (Refugee Council); Catherine Lennox, Carolina Albuerne and Aidan Hallet (Refugee Action); Cynthia Orchard (Asylum Aid); Chris Nash (European Network on Statelessness) and Tamsin Alger (Detention Action).

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 1 Executive summary I don’t want life to just stop here. It’s not life! I feel like I am in a prison and there is nothing I can do. Enaya, Palestine efused asylum seekers who have no appeal outstanding are considered to have no basis to stay in the United R Kingdom. They are expected to make arrangements to leave without delay. However, not all of them are able to return home. For some, there are no direct flight routes into their country, others are stateless – their country refuses to recognise them as a citizen, and some people simply cannot get a travel document in order to return. The option of going back to their country of origin is not open to everyone and this leaves them stuck in the UK, living in limbo.

2 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Research objectives > Provide funding for travel to embassies to facilitate the process of gathering The objectives were to explore, from the viewpoint documents. of refused asylum seekers who cannot be returned, and of the British Red Cross staff who 3. Where appeal rights exhausted individuals work with them: cannot, after a period of 12 months, be re- documented, or there is a barrier to return that > What living in limbo means for this group, is beyond their control, and they are complying including how they meet their basic needs for with the system, they should be given money, accommodation, food and clothes. discretionary leave to remain with a right to work and access higher education in the UK. > What changes could improve life for this group. For the Red Cross Conclusion Our recommendations include: Refused asylum seekers who, through no fault > Use our relationships with government and of their own, cannot be returned to their country parliamentarians to help solicit responses from of origin, risk falling into crisis. Many remain in embassies when people are failing to receive the UK for extended periods of time and, without attention. support, are vulnerable to exploitation. They are also likely to drop off the radar, which makes it > Independently, and in partnership with other even less likely that they can be returned. The Red organisations operating in the sector, look to Cross believes it is inhumane to keep them living develop an operational response that supports in destitution for years with no recognition of the service users during embassy appointments. suffering they face. > Review our current policy of providing 12 weeks of destitution support and take Recommendations appropriate action to ensure the support we offer is sufficient to deal with the long-term For the Home Office destitution faced by this group. 1. Refused asylum seekers who cannot > Provide training for and raise awareness return home due to such issues as lack of among our staff and volunteers on the issue documentation should not be made destitute. of statelessness, including the option to apply Our recommendations include the need to: for exceptional case funding for Stateless applications. > Keep pregnant women and families with children on Section 95 support, regardless of their status, to prevent destitution and Research methodology safeguard the best interests of the children involved. The study employed a mixed-methods design, which included: > Provide clear, realistic and practical guidelines for single adults applying for > A desk review of existing literature and available Section 95A on what is considered as quantitative data. appropriate evidence to prove they have taken reasonable steps to obtain a travel > Semi-structured interviews with refused asylum document. seekers who cannot be returned and Red Cross refugee support staff who work with 2. The Home Office should share the burden of them. obtaining proof of taking reasonable steps to obtain a travel document. It should: > A review of the Red Cross case files for each of our interviewees, where available, enabling a > Use its resources to assist in contacting more detailed understanding of their individual embassies to request a travel document. situations.

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 3 Key findings seekers have considered suicide at some point and accessing mental health services was > Life is bleak for refused asylum seekers who reported to be challenging. cannot be returned. > The main changes suggested by our refused > The majority of the refused asylum seekers we asylum seekers to improve their situations were interviewed are not on any form of support. obtaining status, being allowed to work or With no money, they struggle to survive and study, having a home and having money. All of rely mostly on charities for food and clothing. them desperately wish for a solution to their life in limbo. > Accommodation is a major problem and most have no quiet, safe place to call home. They > In addition, Red Cross staff felt that the Home are constantly moving around and rely largely Office should recognise how difficult it can be on friends and night shelters. For some, the to get re-documented. They suggested that only option is to sleep rough. the Home Office should provide practical and financial assistance to help refused asylum > Living in limbo with no control over their future seekers obtain responses from the relevant has a profound impact on the physical and, embassies. Staff also reported that it is particularly, the mental health of refused asylum essential to keep people on support during the seekers. Red Cross staff often witness a re-documentation process – charities should deterioration in the health of these people over not be seen as a safety net for this group. time. Worryingly, many of our refused asylum

4 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 5 1 Introduction he vision of the British Red Cross is a world where everyone gets the help they need in a crisis, and one of our strategic T aims is to reduce destitution and distress for those who are displaced. The Red Cross has a long tradition of providing practical and emotional support to vulnerable refugees and asylum seekers across the United Kingdom, irrespective of their immigration status. This includes asylum seekers who are at the end of the asylum process. Refused asylum seekers who have no appeal outstanding are considered to have no basis to continue to stay in the UK. They are expected to make arrangements to leave without delay. If they decide to leave voluntarily, they can apply for help with returning home. If not, they can be subject to enforced removal. However, every year, many do not leave. The Home Office produces data on the recorded outcomes for the group of asylum applicants in any one year. For those who applied in 2015, many are still awaiting confirmation of an initial decision or appeal determination. Therefore, the

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.

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 7 > Where a person has been living outside their or more for a travel document (Home Office country of nationality for a long time and they 2016d). have lost their citizenship. BID (2016) lists the following additional factors: 1.2 What happens to people > Where a person is of mixed national parentage who cannot be returned? (e.g. Ghanaian and Nigerian, Ethiopian and Currently, families who have been refused asylum Eritrean). retain Section 95 support, which provides accommodation and £36.95 per week for each > Where a person has moved between two member of the family. For single adults, Section countries during their childhood. 4(2) of the Immigration and Asylum Act 1999 (HM Government 1999) allows for the provision > Where a person has dual citizenship. of support to a limited number of refused asylum seekers. > Where nationality has been revoked or renounced. 1.2.1 Section 4 1.1.2 Data on barriers to removal Section 4 provides accommodation and support to the value of £35.39 per week. This is not given Currently, no publicly available data set exists on in cash, but is loaded onto the Azure payment how many refused asylum seekers are without card. To qualify for this support, refused asylum national documents, or realistic means of obtaining seekers must be destitute. They must also fulfil any, and who are therefore not able to leave the one of the following five conditions: UK, either to their own country or anywhere else. However, there are data on the barriers to removal > They are taking all reasonable steps to return to or deportation for detained foreign national their home country offenders (FNOs) and this provides some insight into the factors affecting people’s ability to return. > They are not fit to travel The UK government aims to return FNOs to their home countries as quickly as possible to protect > There is no safe and viable route of return the public, reduce costs and free up spaces in prison. However, many of the same issues facing > They have a pending judicial review refused asylum seekers can prevent their removal. (Note that FNOs are not the focus of the current > It would be a breach of their human rights not research and did not form part of our sample. to give them support. Recommendations made from our findings do not relate to FNOs.) In practice, the last category is used mostly when the asylum seeker has further representations As at the end of September 2016, for the 648 outstanding. The absence of a safe and viable detained FNOs, the following were included in the route of return is rarely accepted unless there is barriers to removal (Home Office 2016c): a Home Office policy of non-return relating to the country in question (AIDA 2015). > Country situation prohibits removal: 19 If a person does not meet one of the five > ETD awaited – individual compliant, but ETD conditions and has no further representations awaited: 144 outstanding, it is not considered a breach of their human rights to leave them destitute and > ETD required – country non-compliant: 17 homeless because it is considered that they can return to their home country (AIDA 2015). > ETD required – FNO non-compliant: 7 Proving that you have taken all reasonable steps > Medical reasons: 9 to return is particularly problematic for people from countries with which diplomatic relations have > Nationality not confirmed: 25. been suspended, whose embassies have complex requirements that are difficult to fulfil, or who Furthermore, of the detained FNOs facing removal belong to a group that is denied documentation by or deportation, 106 had been waiting 12 months their country of origin (AIDA 2015). The fact that

8 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned they are destitute adds practical problems since (Asylum Support) that challenged the Home Office’s they cannot afford to pay for travel to visit their decision to discontinue Section 4 support under embassy or to send faxes and make phone calls regulation 3(2)(a): Taking reasonable steps to leave. (AIDA 2015). The absence of, or loss of contact In 75 per cent of the appeals, the Home Office’s with, family members still living in their country of decision to discontinue support was overturned or origin who could help them to acquire documents reconsidered (ASAP 2014). further compounds their difficulties. The 2016 Act also removes Section 94(5) of Given the strict criteria for obtaining Section 4 the Immigration and Asylum Act 1999 (HM support, it is not surprising that, as of the end of Government 1999), which allows for asylum- September 2016, only 2,441 main applicants were seeking families with children to remain supported being supported under Section 4 (Home Office under Section 95 until they leave the UK. 2016e). Most of those on support had submitted Regulations will provide for Section 95 support to further representations. Very few people are granted be discontinued after a grace period of 90 days for Section 4 support under the criteria of taking all families whose asylum claim is finally determined reasonable steps to leave the UK. Home Office and rejected (Home Office 2016f). Section 95A records indicate that, in 2015, only 63 destitute, support will be available to families who are refused asylum seekers were granted Section 4 destitute and have a “genuine obstacle” to leaving support on this ground (Brokenshire 2016). the UK. As with single adults, there will be no right of appeal on refusal of support. 1.2.2 Section 95A The Home Office (2016g) factsheet on support for The Immigration Act 2016 (HM Government 2016) certain categories of migrants states that these received royal assent on 12 May 2016 and makes measures have been framed carefully to avoid key changes to the existing support framework. passing the cost of supporting failed asylum Much of the detail of the provisions has been left seekers and their families on to local authorities. to the awaited regulations, which will need to The Home Office states that it has consulted be drafted and laid before Parliament before the local authorities and will continue to work closely changes come into force. Once the Minister has with them on the detail of the new arrangements approved the draft regulations, the timetable for and implementation. It also states: “there is no implementation will become much clearer. general obligation on local authorities to support illegal migrants who intentionally make themselves Paragraph 1, Schedule 11 of the Act repeals destitute by refusing to leave the UK when it is Section 4 for single adults. There will be some clear they are able to” (Home Office 2016g). transitional protection for those currently receiving Section 4 support; however, the detail of this transition is not yet known. Paragraph 9, Schedule 1.3 The risk of statelessness 11 of the Act allows for asylum seekers who reach the end of the process, but who face a “genuine In April 2013, the UK government introduced new obstacle” to leaving the UK, to be supported under immigration rules that provide for an application a new provision, Section 95A (HM Government to remain as a stateless person (UK Visas and 2016). What is meant by “genuine obstacle” is Immigration and Immigration Enforcement 2013). yet to be defined. This new statutory support will Part 14 of the rules defines a stateless person as be paid in cash at the same level as Section 95 one who is not considered as a national by any support (£36.95 per week). While this is welcome, State under the operation of its law. the criteria for accessing Section 95A support will be more restrictive than those for Section Refused asylum seekers who remain in limbo in the 4. Regulations will require single adults to apply UK because of difficulties with proving nationality or within a 21-day “grace period” after refusal of their being re-documented are at risk of statelessness. asylum claim (Home Office 2016f). Home Office The European Network on Statelessness (2016: 10) records indicate that, of the 63 refused asylum uses the term “at risk of statelessness” to refer to seekers granted Section 4 support in 2015, only individuals who are “in a place of vulnerability that five had applied within 21 days (Brokenshire can escalate into statelessness”. 2016). There will be no right of appeal on refusal of support. The lack of appeal is worrying given a According to a best practice guide on report released by the Asylum Support Appeals statelessness and applications for leave to remain Project (ASAP) in September 2014. The report produced by the Immigration Law Practitioners’ analysed 51 appeals to the First-tier Tribunal Association and Liverpool Law Clinic (Woodhouse

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 9 and Carter 2016: 15), “A State’s refusal to If the application is successful, the person can be recognise a person, its continued silence, or its granted leave to remain for 30 months, after which demands for ever more evidence may eventually they can apply for a further 30 months’ leave. constitute a failure to consider the person as a After five years, a stateless person can make an national under the operation of its law.” Section application for indefinite leave to remain. 4.6.1 of the Home Office (2016h: 16) instruction on statelessness recognises that “where an If the application is unsuccessful, there is no free- individual has provided evidence that they have standing right of appeal to the independent First- made an application to the national authority only tier Tribunal. Rejected applicants can only apply for to find more and more evidence requested by the administrative review or judicial review, or make a State in question, combined with long delays”, this new application. “in practice amounts to a denial of recognition”. The Red Cross submitted a freedom of information The majority of those who make a Stateless request to the Home Office related to Stateless application are refused asylum seekers. However, applications. According to the reply received, some applicants have never made an asylum between 1 April 2013 and 30 June 2016, a total claim and there is no requirement to do so. There of 1,662 people lodged a Stateless application is no fee to pay to submit a Stateless application, (Draper 2016). Of these, 1,096 had previously but the form is currently available only in English. applied for asylum. As of 30 June 2016, the total With the exception of Scotland, legal aid is number of people who had a decision on their generally not available in the UK for advising, Stateless application was 854 and 41 people have representing or assisting someone who wishes been granted leave to remain on their Stateless to make an application for leave to remain as a application (Draper 2016). stateless person, despite such applications often being factually and legally complex. Legal advisors can apply for exceptional case funding, but this 1.4 The suffering and limbo involves a significant amount of work for the legal facing those who cannot be advisor and they will receive limited remuneration returned only when exceptional case funding is granted (Woodhouse and Carter 2016). Refused asylum seekers who, through no fault of The burden of proof rests with the applicant in their own, cannot be returned to their country of the statelessness procedure and they must prove origin risk falling into crisis. Without the right to a negative: that he or she is not considered a work and with limited or no statutory support, the national of any State. The standard of proof is Red Cross sees people every week who are in also higher than the reasonable degree standard desperate situations stemming from their position applied in refugee status determination. While in society and the world as a person without an application is pending, the individual has no immigration status. Yet the option of returning to right to work and, currently, access to only basic their country of origin is not open to them. support may be available under Section 4.

10 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 11 2 Research aim, objectives and methodology he aim of the research was to provide a portrait of the crisis facing refused asylum seekers who cannot T be returned, and to describe their experiences of living in a permanent state of limbo. The objectives were to explore, from the viewpoint of refused asylum seekers who cannot be returned and of Red Cross staff who work with this group: > What living in limbo means for this group, including meeting their basic needs for money, accommodation, food and clothes. > What changes could improve life for this group. The study employed a mixed-methods design, which included: > A desk review of existing literature and available quantitative data.

12 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned > Semi-structured interviews with refused asylum was not meant as a legal analysis or fact-checking seekers who cannot be returned and Red Cross exercise. The amount of information available for refugee support staff who work with them. each individual varied. > An interview with a legal professional. Some of our refused asylum seekers are disputed nationality cases. Where the country of origin is We also asked our refused asylum seekers for noted for our refused asylum seekers, this is their their permission to review their case records, self-reported country of origin. The names of all where available. This allowed us to gather a more participants have been changed and none of the detailed understanding of their situations. This photos in the report are of actual participants. SOME OF OUR REFUSED ASYLUM SEEKERS Faheem’s story Faheem is 44 years old and comes from Palestine. Faheem has been in the UK for nine years and has no ID documents. The Palestinian mission has no record of him and refuses to recognise him as a Palestinian. Faheem has applied for assisted voluntary return (AVR) to Palestine three times. However, since he is unable to get a travel document from the Palestinian mission, his first two applications expired. Faheem’s third application was rejected due to lack of documentation. The Home Office stressed it was unacceptable that Faheem had no new evidence to assist AVR in obtaining a travel document for him. Faheem is unable to obtain a Palestinian passport, so he cannot be returned. He is currently gathering evidence to apply for leave to remain as a stateless person. Faheem is without a home and without a country. He says: “I have missed my chance of a proper life; I have no home, I have no partner, I have no job, my age is going up. My situation is miserable.” Kasim’s story Walid’s story Kasim is 29 years old; he does not have an Walid is 44 years old and comes from Iraqi passport or other form of ID. The Iraqi Algeria; he has been in the UK for nearly 17 embassy has advised that it cannot assist years. He left Algeria during the war. Walid him with documents. For Kasim to obtain lost his passport a long time ago, before a travel document, he needs to have a arriving in the UK. Walid has applied for laissez-passer, a valid or expired passport, assisted voluntary return (AVR) to Algeria or the family record number in the local civil but, without a travel document, he cannot registration office. The Home Office expect be returned. He has been to the Algerian Kasim to get assistance from his family in Iraq embassy twice to try to get re-documented. and follow procedures that permit a family However, as he has been out of the country member to obtain an ID on his behalf. Kasim for so long, they refuse to recognise him is from Mosul and he has lost contact with as an Algerian national. Walid is stuck in his family; he cannot get their help. He is very no man’s land, and has suffered two heart worried about his family and is desperate to attacks since he has been in the UK. He is be in touch with his mother. Kasim has tried seeking advice on whether he can apply tracing his family through the Red Cross, for leave to remain as a stateless person. but was told the situation in Mosul is too However, Walid does not see this as a good dangerous for International Committee of the solution; he sees it as a very last resort. Red Cross (ICRC) presence.

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 13 3 Findings 3.1 Our participants A total of 22 interviews were conducted at five Red Cross refugee support services (Table 1) in October and November 2016. Table 1. Sites and interviews Refused asylum Red Cross staff Red Cross Service seekers (n) members (n) Solicitor Birmingham 2 1 Glasgow 2 2 1 Leeds 2 1 Leicester 7 1 Teesside 2 1 Total 15 6 1

14 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Eleven of the 15 refused asylum seekers are male 3.3 Having money and four are female. They range in age from 25 to 49 years. They originate from eight different 3.3.1 Receiving support countries and their self-reported countries of origin are listed in Table 2. Two of our female participants are on Section 95 support since they have dependent children. Fiyori (Eritrea) has two sons, aged three and two. She Table 2: Refused asylum seekers self- has no means of support beyond Section 95 and reported country of origin said: “It is not enough when you have two small children”. She worries about what will happen if Refused her support is stopped. Enaya (Palestine) has a asylum daughter aged five. Two other participants – Dawit Country of origin seekers (n) (Eritrea) and Kayla (Zimbabwe) – are on Section 4 Algeria 2 support. Eritrea 3 3.3.2 Not on support or support stopped Ethiopia 1 The remaining 11 participants are not receiving Iraq 2 any form of support. Some were on Section 4 in the past, when they had submitted a fresh claim Palestine 3 or had applied for assisted voluntary return (AVR). Somalia 1 Walid (Algeria) was granted Section 4 support because he had applied for AVR. However, Walid Sudan 1 cannot get a travel document from his embassy: Zimbabwe 2 You see I go there twice and they [Algerian Total 15 embassy] doesn’t want to give me anything…. The [UK] government, they cannot send me back because I don’t have any travel document…. They let me live like – between. I can’t go back and I can’t live here. (Walid, Algeria) All 15 of the refused asylum seekers we interviewed have documentation problems and Walid’s AVR application expired and his Section cannot be returned. Their individual stories (such 4 was stopped. He has been without support for as that of Anwar, on the next page) contain details almost five months: of the particular problems each is experiencing. The remaining stories can be found on pages 12 Yes, and they took everything from me. They and 28, and in the appendix. cut my support; they cut my Azure card, my money…. They cut everything…. I’m without. Nothing. Nothing. No job, no support, nothing, 3.2 Coming to the UK nothing. (Walid, Algeria) Most of our refused asylum seekers who cannot Without support, refused asylum seekers who be returned came to the UK because of problems cannot be returned are left destitute: in their country and the need to be, and feel, safe: I mean, the ones that we know of, really, in our I didn’t know anything about the UK before I area, they’re totally destitute. (Red Cross staff came here; I had no idea. I just knew I wanted member, Teesside) to be safe. I wanted a safe life. (Fiyori, Eritrea) A male participant from Leicester cried as he The amount of time for which our refused asylum described how it feels to be destitute: seekers have been in the UK ranged from 18 months to almost 17 years. Five people have Me, I can say, I can say, I can go one month been here for more than ten years – two for close without to get even 50p. You know, I’m to 17 years, two for 13 years and one for 11 years. struggling with life…. So it’s affecting me, Only five of the 15 have been here for less than because I got – I don’t have anything, anything. five years. (Anwar, Somalia)

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 15 Anwar’s story Anwar is 25 years old. He comes from Somalia and he has been in the UK for six and a half years. Anwar comes from a small fishing village on one of the islands off the east coast of Somalia and he has never had an ID. Anwar has a partner in the UK and they have two small children. He cries as he describes the pain of living in limbo. “I lost my family [in Somalia],” he says. “I came here to be happy, to start my new family, but I’m still struggling. You start a new family, but you are not happy with your new family”. Anwar feels he is a burden to his partner. In desperation, he applied for assisted voluntary return (AVR) to Somalia, but his application was rejected. The Home Office told his MP that there are no assisted returns to Somalia since the country is affected by civil unrest. What makes Anwar’s situation more complicated is the fact that the Home Office believes Anwar to originate from Kenya. However, Anwar states that he has never been to Kenya in his life. The British Red Cross have assisted, and funded, Anwar to approach the Kenyan High Commission to confirm whether he is a Kenyan national. However, the commission refuse to respond unless the Home Office approaches them directly. Anwar desperately wants to put an end to this life in limbo. He is even considering putting in an application for AVR to Kenya, a country he has never set foot in, to try to resolve his current situation. 3.3.3 Other means of support actually a way to just get by. So in my opinion, yes, a lot of them are exploited, but they Working for cash in hand don’t acknowledge it. Yes, so they’re not in Refused asylum seekers, under law, are forbidden a position to ask for more, but in my opinion to work: it is exploitation. (Red Cross staff member, Leicester) It’s forbidden to employ you…. You can’t work. It’s very difficult. If they get me from anywhere My worry is that the people in this group are I work, it’s very bad for you, very bad for the particularly vulnerable to exploitation because owner. (Bisrat, Eritrea) they’re in this predicament where they can’t go forward, can’t go backwards and they are… Red Cross staff reported that some refused if they’re needing accommodation, money to asylum seekers who cannot be returned rely on get by each day then, you know, I dread to friends for money or may resort to illegal working: think what they may be doing and what kind of situations they’re getting pushed or pulled into. Some people maybe work illegally or friends (Red Cross staff member, Leeds) give them money occasionally. (Red Cross staff member, Glasgow 1) Faheem (Palestine) described his experience of working for cash in hand: I think some of them might find odd jobs sometimes that can pay cash in hand just to Sometimes I look for a job. If I get work, I do it. survive. (Red Cross staff member, Leicester) I don’t want to be homeless. I want to be like everyone else. I want to work, to be a good The fact that refused asylum seekers are working person. (Faheem, Palestine) illegally leaves them open to exploitation. However, they might not recognise it as exploitation, since When Faheem does find work, he knows the work they are desperate and only too grateful to have will be physically demanding and badly paid: some money: It helps you out, but they take your blood. I think that a lot of them are exploited in some It will be a hard job, heavy work. Work that of the jobs that they do, because maybe a machine could do, but they don’t want to they’re paid £3 an hour, £2 an hour. But for spend the money. People like me will do a them that’s not seen as exploitation; that’s hard job, and will do it for less money. A job

16 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned that they should give £50 a day, they will give 3.3.4 Priorities when you have money you £20. You need money. You can either have something or nothing. So you take it and Faheem (Palestine) spoke of the importance you are glad just to have something. They are of making any money you have last as long as happy; you are happy. But it gives you a down possible: feeling. Like you are less. (Faheem, Palestine) If you have money, you don’t spend it all The Red Cross, charities and churches at once. You spend pound by pound. You The Red Cross provides a small amount of time- squeeze that £20 pounds you got, because limited support to this destitute group: you don’t know when you might get something again. You can’t just spend it on nice food. Red Cross give you some money – a little How are you going to get food when it’s gone bit of money – but it helps a lot. I don’t need – you can’t steal it. (Faheem, Palestine) much – just a little bit of tuna and some bread. (Faheem, Palestine) When he has money, Dawit (Eritrea) prioritises food. Kayla (Zimbabwe) prioritises food and Our refused asylum seekers mentioned support toiletries. When Violet (Zimbabwe) has money, from various charities. Walid (Algeria) gets £15 per her priority is to give it to the friend she stays week from West End Refugee Service, a registered with to put towards groceries for the household. charity in Newcastle upon Tyne that supports Walid (Algeria) buys “things like food, sandwiches asylum seekers and refugees. Kasim (Iraq) is sometimes; or a cheap jumper from Oxfam shop, given £10 per week by Justice First in Stockton- charity shop; sometimes socks”. on-Tees, while City of Sanctuary Wakefield gives Samir (Algeria) £10 each week. The lack of money can be dehumanising: Aman (Iraq) has been referred to a local church Sometimes I keep some money to have a by the Glasgow Red Cross. The church gave coffee in the morning in Caffè Nero, Costa, to him some money on two occasions. He also feel like I’m still living. I mean I’m not an animal. gets some money from the community-based They think I’m an animal. No, I’m human like organisation Govan and Craigton Integration anyone, yes. (Walid, Algeria) Network: “Every week she gives me £4.” Aman finds it difficult to ask for money, especially as he You want to see people, go to coffee shop; you comes from a wealthy family in Iraq: want to go somewhere, you can’t. Sometimes, some friend say, “Can we go in coffee shop?” Really, I just feel embarrassed. I don’t like to You shy to say, “I’m homeless”. You shy to say, continue going, begging. Because I haven’t “I don’t have money, and I don’t have support”. got used to a situation like that. I was living in a You make up something. You say, “Truly sorry, very luxurious, good family. (Aman, Iraq) I’m busy”, or something. (Kasim, Iraq)

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 17 3.4 Having a home ten different people – he just bounces from place to place” (Red Cross staff member Glasgow 1). The four participants who are on support have accommodation. Of the four, only Enaya (Palestine) Violet (Zimbabwe) is currently living with a friend. has problems with her accommodation. Enaya Sometimes she lives with relatives outside of and her daughter have been living in a studio flat Leicester, but she always comes back to Leicester for more than two years. The flat is tiny, with room because she is used to the city. Violet described only for two beds, a wardrobe and a fridge. It is the difficulties of not having your own home: not suitable for a young child. Enaya has letters from social services saying the accommodation You can’t be yourself in somebody else’s is unsuitable and too small. The Home Office has home. I don’t have a room of my own. I live admitted it is the wrong flat for them, but has not on the sofa. You can’t have your own things. moved them. Enaya sobs quietly and says: “It feels I’m happy to have somewhere to live, but not very bad living there.” as happy as when you have your own place. (Violet, Zimbabwe) The remaining 11 participants have to make do. Some live with partners, some with friends, some In Teesside, the Red Cross staff member reported: sleep rough and some are constantly on the move. “They might have a network of friends that they rely on”. However, she stressed that relying on 3.4.1 Living with a partner friends all the time is not easy: Samir (Algeria) has been living with his girlfriend for After a number of years, I think they feel like the past year. Before that, he moved around from they’re putting pressure on people, because friend to friend or slept outside: they can’t bring anything. They’re not getting support, so they can’t even sort of contribute Yes, too many friends, I was sleeping. to the household, if you like. They feel like Sometimes two or three days I slept outside they’re running out of options, because they because I had nowhere to go. Yes, I remember feel like they’re a burden, and they feel like three, four days when I slept outside, and it people are getting fed up of putting them up. was wintertime. (Samir, Algeria) (Red Cross staff member, Teesside) Anwar (Somalia) has a partner and they have two According to the Red Cross staff member in children. He sometimes stays with his partner, but Leeds, people “will go into periods where they he does not want to be a burden to her: don’t have any friends that can support them”. It is pressure when you live with someone and 3.4.3 Sleeping rough you don’t have anything to produce to help her. She is giving all this money, but she don’t have Aman (Iraq) is not in good health and has nothing…. She is struggling for life... She can’t problems with his kidneys. He has been sleeping pay the electricity sometimes…. How do I stay rough for more than a year: with her? It’s hard, because I can’t produce; I can’t produce nothing inside of the house. It’s been one year and six months I’m living She has too much bills. Maybe I can bring rough. I have no accommodation…. If I was something if I work.... Because I love her. So I fit, no health problem, it’s okay if I live rough need to do something for her, to be with her... outside. But myself, my situation, I am an but I’m struggling with that. (Anwar, Somalia) unhealthy man. I have a lot of problems, and this is not suitable place for me to live outside. When Anwar is not with his partner, he lives with It’s very hard. (Aman, Iraq) different people: Faheem (Palestine) has been homeless for a few I have to find someone to help me. I live in the sitting months and lives on the street. The Red Cross room, sometimes on the couch. (Anwar, Somalia) refugee service in Birmingham has given him a sleeping bag. Except for a period during 2014–15 3.4.2 Living with friends when he had support, Joshua (Ethiopia) has been sleeping rough since 2005. Many of our refused asylum seekers rely on friends at some point for accommodation. One of the staff I used to sleep in town in a doorway, at the members in Glasgow has a client who “lives with back of a hotel. They tried to block the way in.

18 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned I had to climb over a high fence. They broke hostel that they find. (Red Cross staff member, the old hotel down; they build new thing. So Leicester) me, I sleep in the canals, and some other places. Sometimes I ride my bike out of town Bisrat (Eritrea) lost his support in August this year just to go sleep, where I hide and nobody see and he slept on the street for the first week after me. I don’t want nobody to see me. I’m in that. The night before we spoke to Bisrat, he had graveyard. England is my graveyard. (Joshua, stayed with a friend, but he had no idea where he Ethiopia) would sleep that night. 3.4.4 Night shelters Kasim (Iraq) lost his Section 4 accommodation at the end of 2015: Night shelters can provide a way for asylum seekers to get off the streets, although some In 2015, for Christmas my accommodation get choose not to use them: stopped. I understand now Christmas coming back again, I still am homeless. I don’t have I do have clients that have either been street any accommodation from Home Office… now homeless or they still sleep on the street because one year. It is very difficult this life. (Kasim, Iraq) they choose not to stay in a night shelter. I suppose if someone is choosing to sleep on the Kasim has to rely on friends, who often have street perhaps that indicates how difficult the limited means themselves, or he lives on the night shelter is. It’s a room with 25 other men. street: (Red Cross staff member, Glasgow 1) Sometime I have place for sleep… sometime Zareb (Sudan) sleeps in the Glasgow Night Shelter, no have place. It’s very hard life; very, very which is specifically for destitute asylum-seeking hard. (Kasim, Iraq) men. The shelter is closed between 8am and 8pm, and it can be a challenge to find somewhere Walid (Algeria) has been homeless for six months. to shelter from bad weather during the daytime. Sometimes he stays with people he knows. Zareb goes either to the public library or to Marie He is on a waiting list at Action Foundation, Trust, a homelessness charity in Glasgow, where a charity started by City Church Newcastle. he can sit inside for a few hours. One of their projects, Action Housing, provides accommodation and support to destitute asylum The Red Cross staff member in Leeds mentioned seekers with no recourse to public funds. The that, although there is a shelter in Leeds, it does not support people who have no recourse to public funds and so will not accommodate refused asylum seekers. He reported that the Leeds Red Cross refugee service has helped to open a night shelter for destitute asylum seekers as part of their destitution network in the region: It got piloted last year for about three or four months and it should be reopening this winter; so it’s a winter shelter. That will make a big difference for destitute asylum seekers but it’s a temporary solution. I believe that will only be for men only because it’s an open space. (Red Cross staff member, Leeds) 3.4.5 Constantly on the move Some people resort to a variety of avenues when it comes to accommodation. The staff member in Leicester reported: A lot of them are just sofa-surfing, moving around different people’s houses. Sometimes sleeping outside; sometimes sleeping in some

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 19 Red Cross also referred him to Nightstop, a The Leicester Red Cross receives a lot of support charity for the homeless that provides overnight from the community: accommodation in the homes of trained and vetted volunteers in the area. It is meant as So a lot of food is donated from churches. emergency accommodation though, not for long- Actually, they’re really, really helpful and really term support. Otherwise, Walid sleeps rough: regular in their donations. So we have a church that every Monday brings fruit and vegetables When I was sleeping in the street I was – I want for our service users. Every Monday they’re in to die really. I don’t want to carry on, because here at ten o’clock. Same as the mosque. For it’s not like – it’s not easy. (Walid, Algeria) Ramadan we received a lot of donations – the dates to break fast or places where the people Qareen (Palestine) used to live with a friend: could go to break fast all together. (Red Cross staff member, Leicester) My friend used to help me. I lived with him for a year. He is a good man, very good. He was a Anwar (Somalia) gets food from the Leicester comfort to me. Now he has married and I can’t Red Cross: “They give me food; they give me live with him anymore. (Qareen, Palestine) some stuff to take for my kid.” Violet (Zimbabwe) and Bisrat (Eritrea) both get food and vouchers Qareen has been moving from place to place and from the Leicester Red Cross. Kayla (Zimbabwe) is currently living in accommodation found for and Bisrat (Eritrea) also get food from the City of him by Positive Action for Refugees and Asylum Sanctuary Leicester. As Bisrat sleeps rough, he Seekers (PAFRAS) in Leeds. It is not a permanent cannot cook food: arrangement and he knows he might need to move soon: I buy food where I cook it? I don’t have… I don’t have the cook space. So I eat fast food. I I don’t know what to do. Tomorrow I can have buy fast food. (Bisrat, Eritrea) to go from this house. I can be homeless. I don’t know what to do. Five houses I have The Red Cross staff members in Glasgow reported lived here in Leeds. Two days here. Three days that refused asylum seekers who cannot be there. (Qareen, Palestine) returned rely on friends and food banks for food. One of the staff members expressed concern about the quality of food made available by food 3.5 Having food to eat banks: Four of the participants are on support. Fiyori I think in terms of the quality of that food, (Eritrea) is on support, but still finds it a struggle to people are surviving on low-grade food afford food for herself and her two small children. products and long-life milk and canned fruit Fiyori tends to go without so her children can have and vegetables. (Red Cross staff member, what they need: Glasgow 1) I would rather buy food for the children than According to the Red Cross staff member in for myself. So the situation is not good for me. Teesside, refused asylum seekers rely heavily on (Fiyori, Eritrea) charities for food. Walid (Algeria) will have a meal at the soup kitchen, or sometimes a homeless charity Those who are not on support rely heavily on such gives him sandwiches and other food. Kasim (Iraq) sources as charities, friends and food banks. gets some food from Justice First in Stockton-on- Tees, but commented: “Sometime you can’t eat. The Leicester Red Cross refugee service gives Sometime no afford you eat. You can’t.” people £10 Tesco vouchers that can be used to buy food. It also gives people some food: The staff member in Birmingham reported that people rely on friends, mosques, churches and If they are completely street homeless, we’ve SIFA Fireside, a charity for homeless people that got street homeless food that doesn’t need provides meals. to be cooked. Then, otherwise, if they have a friend that they’re staying with, we would I mean, if you’re asking me how they survive, also give some food parcels to contribute to I don’t really know. I mean, it’s very difficult the friend’s house. (Red Cross staff member, I think. There are obviously food banks and Leicester) stuff out there and soup kitchens, but there’s

20 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned nothing really long-term to provide them Leicester and Leeds Red Cross refugee support with support. (Red Cross staff member, services provide some clothes: Birmingham) We give out some clothes, some donated Faheem (Palestine) uses some of the money he clothes at our drop in. I don’t know if there’s gets from Birmingham Red Cross to buy food. anywhere near as much as what the demand Otherwise, he goes to the soup kitchen. Joshua may be. (Red Cross staff member, Leeds) (Ethiopia) commented: “I will go eat in the church in Coventry, sometimes Nuneaton… I go all around.” Our participants mentioned the following charities that provide clothes: the Open Hands Trust in The Leeds Red Cross refugee service provides Leicester, City of Sanctuary Wakefield, PAFRAS Morrisons food vouchers and food parcels, in Leeds, Justice First in Stockton-on-Tees, a with service users entitled to 12 vouchers homeless shelter in Newcastle and a soup kitchen per year. Qareen (Palestine) reported that the in Birmingham. accommodation where PAFRAS sends him sometimes has food. Alternatively, he can get a Two of our participants rely on friends for clothes. meal at Refugee Action York. Qareen has a health Qareen (Iraq) has an Iraqi friend who used to give condition that requires him to eat regularly, but him clothes, but his friend has now married and some days he does not find food. Samir (Algeria) can no longer help. gets food from City of Sanctuary Wakefield and the Red Cross has given him food vouchers and Faheem (Palestine) tries to take care of his food parcels in the past. clothes and washes them whenever he can. He will sometimes work at the car wash and wash Zareb (Sudan) has previously presented at the his clothes there. When he has earned some Glasgow Red Cross because he was hungry. He money, he buys clothes from the Sunday market in commented that he is not able to eat as often as Birmingham. he would like, although he can get breakfast at the Glasgow Night Shelter and a hot meal at the Marie Zareb (Sudan) worries that he does not have Trust or Glasgow City Mission. adequate clothing for the cold Glasgow winter. He does not know where he can go to get some warmer clothes. Aman (Iraq) commented: “I’ve 3.6 Having clothes to wear been two years in the same clothing I have. Always I have the same clothing.” Even those who are on support may be unable to afford to buy clothing. Fiyori (Eritrea) is on Section 95 support, but finds it a struggle to clothe her two 3.7 Health small children: It is definitely not enough when it comes to 3.7.1 Physical health clothes for the children, who grow all the time. The three Red Cross staff members we Children need a lot of things. It is very hard. interviewed in Glasgow and Teesside felt that (Fiyori, Eritrea) people who live with friends are often in better health than those who live on the streets. In Enaya (Palestine) also struggles to buy clothes their experience, those who live on the streets for her child while on Section 95 support and has are susceptible to a range of illnesses, including approached the Home Office for assistance with tuberculosis. school uniform items. Some of our participants have health issues that Those receiving Section 4 support also find it require ongoing care. Both Zareb (Sudan) and difficult to buy clothes: “Well, you can’t really buy Aman (Iraq) suffer from joint pain in their legs clothes, because clothes are so expensive” (Kayla, and kidney problems. Qareen (Palestine) has a Zimbabwe). Friends will sometimes give Kayla gastrointestinal issue that will require surgery. He money to buy clothes or shoes from the charity is waiting for the general practitioner (GP) to refer shop. him to a specialist. Those who are not on support tend to rely on such Faheem (Palestine) has some long-term health sources as the Red Cross and other charities. Of issues stemming from when he was attacked in the services that took part in the research, the Dover a few years ago:

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 21 A group of five or six Englishman were there. accommodation]. Yes, it’s cold; it’s very cold They don’t like my look or something…. They now. I was sick; it was very bad. (Bisrat, Eritrea) called me black dog. Just like that. One of them tap me on the shoulder and, as I turn, Bisrat worries about surviving the cold this winter: one of them hits me with the stick of baseball. “The coming winter is very bad for me.” I fell straight down; I can’t defend myself. They beat me up so well that I didn’t recognise 3.7.2 Mental health myself when the police bring the picture. (Faheem, Palestine) Refused asylum seekers We asked participants about their mental health Faheem was in a coma for a few days and when in general. Worryingly, seven of the 15 refused he recovered consciousness, he couldn’t walk: asylum seekers said they had considered suicide. Qareen (Palestine) told us: I can’t control my body. My brain is not speaking to my body. It took ages, a few I am sad. Life is not good. I am not living life…. years, to heal. Couldn’t go out. I survived, but I have no control. I wanted to commit suicide. I was really, really destroyed – mentally and My friend stopped me. I don’t know what is physically. My brain was damaged. When I going to happen to me. I have very low moods. was in court in Dover, when I saw the CCTV, (Qareen, Palestine) oh man, oh man. I don’t want to think of these things. (Faheem, Palestine) Anwar (Somalia) feels it might be better if he dies. After a lot of effort, the Leicester Red Cross Faheem still battles with dizziness and cannot has managed to secure an appointment with a stand for long: “I lose balance sometimes.” consultant psychiatrist. Violet (Zimbabwe) was being held in a detention Sometime I feel it’s better for me to pass centre in 2008 when she was diagnosed with away…. Sometimes I think that God he forget hypertension. Kasim (Iraq) has had epilepsy me, but God, he don’t forget me – still I’m since he was young. Living on the street makes alive. But still I’m not happy to live. Sometimes it difficult for him to take his medication regularly. I hope that God does make me to pass away. “Sometime this is very difficult. Sometime I forget”. I’m not happy to live…. Soon I will lose my Kasim’s epilepsy has worsened since he has been mind, really. I’m not crazy. I’m not crazy, but in the UK and he has had to increase the dosage the way I’m going, I think I will lose my mind. of his medication. Life on the street is hard and he (Anwar, Somalia) worries about his family back home, particularly his mother. Aman (Iraq) has terrible nightmares and has considered suicide: Walid (Algeria) has had two heart attacks since he has been in the UK. He will be on medication for I have very bad sleeping. When I’m sleeping I life. He is currently homeless, even though his GP get like flashback, nightmare. I see things bad has written a letter to the Home Office saying that happen to my family…. Sometimes it came someone with his condition should not be living on to me to suicide myself. Yes, since I have not the street. got news about my family, and I can’t – I have no place to live here, that’s affected me a lot. Joshua (Ethiopia) reports generally feeling unwell: (Aman, Iraq) You see me, I’m not healthy. I’m not healthy. Faheem (Palestine) admits he was suicidal when I’m not healthy. I don’t feel strong, or powerful, he first moved to Birmingham after being badly no. I’m getting old. My health is not well…. beaten in Dover: Lack of food; can’t get food. Hard. It’s cold, and nowhere to go. (Joshua, Ethiopia) Sometimes I wanted to jump from the bridge in front of the train. I was damaged. I was Bisrat (Eritrea) lost his Section 4 accommodation miserable, painful. I didn’t want my life to carry in August 2016. For the first week after that he on like this; I just want it to end. (Faheem, slept on the street and soon became ill: Palestine) About a week, I sleep on the street, when At the time, Faheem was in shared Section 4 the first time I left the house [Section 4 accommodation. He would wake screaming in the

22 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned night and disturb his housemates. One night, he mental health issues can affect a person’s ability was in such a state that his housemates took him to deal with gathering evidence or putting a claim to the hospital. A specialist prescribed sleeping together. tablets for him: The Red Cross staff member in Leicester It helped to put those painful things down. I reported: “Well, mental health problems are very used to take those tablets every single night. widespread; I think most of our clients in one way That is the fixing of things, just to get sleep. or another have got some mental health problem.” I took those tablets for years and years. What worries her most is the decline she sees in (Faheem, Palestine) people’s mental health: Faheem still feels broken: What frustrates me, actually, is they become worse here, which is the country where they’re You’re invisible. You don’t exist. They don’t supposed to be finding safety. They actually care if you live or die. A person like me – over get so frustrated with the system that they 40 – should have a family. I don’t have capacity get really depressed. One of my clients has for that. I’m broken inside. (Faheem, Palestine) got psychosis now. Yes, they’ve got really bad situations. A few of them become really Zareb (Sudan) often talks about suicide and cries aggressive – and it’s understandable. (Red at many of his appointments with caseworkers at Cross staff member, Leicester) the Glasgow Red Cross refugee support service. On one occasion, a caseworker accompanied The Red Cross staff member in Teesside also Zareb to hospital because she was concerned commented on the deterioration of people’s about his suicidal thoughts. Zareb has told his mental health. She gave the example of a client caseworkers that he self-harms by banging his she has seen over a number of years: head against a wall. He suffers from nightmares and flashbacks and is a patient of the Community I’d seen how physically and mentally he’d Mental Health Team. He has also disclosed that he declined. And mentally, particularly, how he’d was tortured and he has been referred to Freedom gone downhill; how he was threatening suicide. from Torture for support. He’d done that to me a few times, when you notice someone who’s reached that point Kasim (Iraq) is currently seeing a counsellor every where you think, actually, now I think he’s at week. He admits he thinks about “go some bridge the point where he would do it, because he’s or somewhere and go kill self... better than this got nothing else…. I mean, we all have people life”. we’ve known who have committed suicide. (Red Cross staff member, Teesside) Yeah, too much I’m feeling – too much I’m tired…. I think about my life. I think about my Staff reported various aspects they feel can family, what happen in Iraq…. It’s my head, my negatively affect people’s mental health. One brain, too tired. Too much pain…. I’m feeling, of the Glasgow staff members reported that, this life, I don’t want any more this life. (Kasim, for vulnerable male clients, “being in a night Iraq) shelter has a significant impact on their mental health” (Red Cross staff member, Glasgow 2). A further seven participants reported suffering from The Glasgow Red Cross staff will try to get the chronic stress, insomnia, anxiety and depression. person into alternative accommodation “if they seem vulnerable or have mental health problems”. Concerns of Red Cross staff The Red Cross staff member in Birmingham also All of the Red Cross staff members interviewed worries about the mental health of refused asylum expressed their worries about the mental health of seekers sleeping in night shelters: refused asylum seekers who cannot be returned. They don’t have a place where they can stay One of the Glasgow staff members (Glasgow 1) throughout the day. The night shelter’s great, reported: “Some people have experienced severe but they’re having to wander essentially the trauma and they don’t want to talk about it. They streets for 12 hours of the day, which is very want to focus on the practical stuff.” However, difficult. And the people that they actually when you have mental health issues, dealing socialise with are people in the same situation. with the practical stuff “is in itself traumatic”. The You can see people slightly lose sight of what staff member in Leicester agreed that having they’re doing as well and what they’re wanting

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 23 and what’s realistic. (Red Cross staff member, which offers a full GP service specifically for Birmingham) asylum seekers and refugees. It is much more difficult to get help for people with mental health The Leicester Red Cross staff member felt that issues. Red Cross staff try to get patients into the disputing someone’s nationality can have an effect Open Mind service in Leicester, but there is usually on his or her mental health: a six-month wait. Yes and I think this also has a huge impact on The Birmingham Red Cross staff member reported the mental health…. It’s like a huge identity that they can signpost people who are lonely to crisis. (Red Cross staff member, Leicester) befriending organisations. They can also refer people to Healthy Minds for counselling. Helping The Red Cross staff member in Leeds felt people access a GP is generally not a problem destitution can worsen mental health issues: and the Red Cross will help people to complete an HC1 form so that they can get an HC2 certificate. A lot of the people in this group that we’ve They will also inform people about their rights with come across over the years, some of them regard to healthcare. have had quite evident mental health issues, which I think destitution is a big factor in The staff member in Leeds expressed concern worsening the mental health issues that they’ve about this group of people lacking access to faced. (Red Cross staff member, Leeds) secondary healthcare in England. He also felt that, even when mental health services are available, 3.7.3 Access to health services accessing them can be difficult for street homeless people: Access to primary healthcare in England, Wales and Scotland is available to refused asylum It’s quite hard to actually be in the mind frame seekers as to any other patient, regardless of to go somewhere every Tuesday and access immigration status. In Scotland and Wales, asylum a service and get help. That’s actually quite seekers and refused asylum seekers are entitled to tough and people’s priorities often get quite free secondary healthcare on the same terms as muddled as well…. If they’re street homeless it other ordinary residents. In England, only refused can become difficult for them to prioritise their asylum seekers who receive Section 4 from the health. (Red Cross staff member, Leeds) Home Office or Section 21 support from a local authority are entitled to free secondary healthcare. None of the refused asylum seekers we However, all refused asylum seekers can continue, interviewed reported any difficulties in accessing a free of charge, with any course of treatment GP service. already underway before their application was refused. Hospital treatment that has already started should continue until the person leaves the 3.8 Social support country. We asked our refused asylum seekers whether The Glasgow staff members reported that people they have friends who can listen to them and will often use a friend’s address so they can provide emotional support. register with a GP. Alternatively, they can access Hunter Street homeless health services. Besides Six of our refused asylum seekers reported that a GP service and nurse team, Hunter Street has they have no friends nor anyone else who can a mental health team and an addiction team. The listen to them: Red Cross can also refer people to charitable organisations like Lifelink, which offers counselling I have no one to talk to [starts to cry]. (Qareen, and stress management. Similarly, the Red Cross Palestine) can refer to Freedom from Torture, which offers counselling and psychotherapy to survivors of I don’t have friends, because friends you need torture and organised violence. NHS Greater to have contact. So how can you contact Glasgow and Clyde Psychological Trauma Service this friend if you don’t have anything? (Anwar, is also available but has a three-month waiting list. Somalia) The Leicester staff member reported that they Two of the six (Anwar and Dawit) said that, are “very lucky” when it comes to physical health, although they do not have friends, they can talk to since they have the Leicester City Assist Practice, their Red Cross caseworker.

24 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Joshua (Ethiopia), who is street homeless, and practically. I don’t have anything to give. reported that he has no friends, but that is out of (Faheem, Palestine) choice: Samir (Algeria) reported: “I don’t have too many I don’t want to be friend with homeless friends here”. His girlfriend is his emotional people. This country, people sleeping in support. Walid (Algeria) said: “I have some people the street are drug people. I don’t make I can talk to.” Walid has some friends at West friendships with anyone; I don’t know who is End Refugee Service and another friend who is a good or bad. (Joshua, Ethiopia) teacher. Three of our refused asylum seekers reported that their support network consists of people who are 3.9 Personal safety in the same situation as them: Three of our refused asylum seekers reported Well, the people I associate with they are that they do not feel safe when sleeping rough. All asylum seekers as well. So, yes, they’re in the the Red Cross staff members we spoke to worry same position usually. (Kayla, Zimbabwe) about the safety of those in this group who live on the streets: They tend to talk about the situation they are in: People often stay in places that aren’t safe, Yes, we talk to each other. But we don’t get abandoned buildings and things like that, any solution. (Bisrat, Eritrea) which are cold, damp. There’s no security. Dangerous access. So, yes, I think there’s a Kasim (Iraq) and Violet (Zimbabwe) make friends myriad of different health and safety concerns through their volunteering work. Kasim volunteers surrounding people. (Red Cross staff member, at his local Red Cross and at Justice First. He Birmingham) spoke about working in the Justice First office: The staff members in Glasgow mentioned that When these people come in here [Justice those who are destitute and street homeless are First], everyone be like “Hi, how are you vulnerable to physical abuse (Red Cross staff Kasim? How are you Kasim?” Everyone shake member, Glasgow 1 and 2) and racial abuse (Red hand, yeah, and they smile. (Kasim, Iraq) Cross staff member, Glasgow 1). Besides the friends she makes through To avoid being homeless, people sometimes resort volunteering at the Leicester Red Cross and the to “paying for accommodation in other ways, Salvation Army, Violet (Zimbabwe) is involved which can include sex and all these other things in the Zimbabwe Association, an independent, that sound like domestic servitude” (Red Cross charitable organisation that works with asylum staff member, Glasgow 1). One of the Glasgow seekers in the UK. They meet fortnightly and Red Cross staff members worries particularly talk about the current situation in Zimbabwe about her female clients. Some of them have and in the UK. “We socialise, eat, talk” (Violet, resorted to prostitution and have ended up in A&E Zimbabwe). Violet is also involved in the “beaten and abused” (Red Cross staff member, Restoration of Human Rights Zimbabwe group, Glasgow 2): which meets monthly. It’s just because these people are desperate Enaya (Palestine) and Faheem (Palestine) both find to make some money. I think it’s that thing it difficult to talk to other people: of, eventually, people get tired of helping you. And eventually you become a burden to them. I know a few people, but I am not telling them Yes, I think there is a risk of exploitation. I think like how I feel. (Faheem, Palestine) it’s worse, obviously, for female clients…. I think the understanding is that a female client Faheem (Palestine) also feels he has nothing to is more at risk of prostitution, exploitation bring to a friendship: through that. If she’s street homeless or she’s having to rely on people, there’s a chance I don’t want a lot of friends. I’m homeless. she might get into a bad relationship or People want something from you mentally become dependent on someone – or, through

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 25 desperation, do something that she wouldn’t back, I’m happy. Really; seriously. Because normally want to do. (Red Cross staff member, here it’s like, it’s like me I’m a slave…. They Glasgow 2) don’t force me to do something. They don’t say, “Come to do these things for us” and Three of our refused asylum seekers reported that, force me. No. But the way they treat me, it’s although they feel safe in the UK, feeling safe does like I’m a slave. And it’s true. It’s not like I’m a not equate to feeling free. Fiyori (Eritrea) told us slave; I am a slave. Me, I can’t go anywhere if that she came to the UK to feel safe. She claimed I want to go anywhere. I can’t go anywhere. asylum partly on religious grounds since her Imagine. It’s like I’m a cow with a rope around religion is banned in Eritrea: my neck; you don’t get to run anywhere. It’s like that. It’s not freedom. When you want Here I am free to practice my religion freely. In to go somewhere, you have to go open that way it is good for me, but I am not really the gates and be led on the rope. (Anwar, free. I want to live properly here. (Fiyori, Eritrea) Somalia) Anwar (Somalia) commented: Anwar feels like his life is going backwards and he can’t even think about tomorrow: When you come to this country you say, “Okay, I’m safe now”…. Here, you are safe – My life is going wrong. My life is going like this no one hit you, but you are not free. (Anwar, [makes motion with his hands to signify rolling Somalia) backwards]; it’s not like this [makes motion with his hands to signify rolling forwards]. You Enaya (Palestine) reported that feeling safe in know what I mean? It’s rotated back… I don’t the UK does not equate to feeling your future is have any plan, I don’t think about tomorrow, secure: what I’m going to do about tomorrow…. You [the interviewer], when you finish here, you It feels confused living here. It is safe, but the say, “I’m finished here, I’m finishing my work, future is unknown. If something bad happens I’m going to take a shower, I’m going to town to me, who does my daughter stay with? to meet my friend”. For me, it’s not like that. (Enaya, Palestine) When I leave here, I’m going to stay inside the house. (Anwar, Somalia) 3.10 A life in limbo Samir (Algeria), on the other hand, feels like his life is passing by too quickly and he has little control A number of our participants spoke of how difficult over the direction it is taking: it is to live life in limbo. Yes, sometimes people here are saying “why Enaya (Palestine) was offered a place at university can’t he sort his life?”. How? How I’m going to study law, but could not take it up because she to sort my life? I’m not working. I’ve got no cannot pay for her studies. This has left her feeling benefit, nothing. How am I going to sort my trapped: life? I am not young. Life is going very quick. I came into this country, I was 31 years. They said you are an asylum seeker; you Now I am 36. Yes, it’s five years now here in cannot study more. For university I would be England. I am in between, in between. (Samir, classified as an overseas student – £11,000 Algeria) a year and I cannot get any finance. I want to study. I don’t want life to just stop here. It’s In Faheem’s case, the Palestinian mission has no not life! I feel like I am in a prison and there is record of him, so he is left in limbo: nothing I can do. (Enaya, Palestine) I’m homeless. I don’t have a country. I can’t Anwar (Somalia) also feels trapped and wants to go back there [Palestine]. I can’t stay here. go back to Somalia: I don’t have a country…. I don’t know what to call myself. Am I British? I’ve been here I’m here, but really seriously, I’m not happy ten years. I don’t cause problems. (Faheem, here. It’s better where I was [in Somalia], yeah, Palestine) for me. Even now, if I can get any way to go

26 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Joshua (Ethiopia) is also homeless. He is coming. Maybe I get paper, Christmas desperately seeking a solution for his situation coming”. (Kasim, Iraq) – he used the word ‘solution’ 38 times in his interview. 3.11 Control over life I’m tired of being homeless. I claim asylum; they refuse me. If they don’t want me in their Most of our refused asylum seekers reported country, they should take me home, find me a feeling they have no control over their lives. Their solution. They don’t want to help me or take comments included: me home. I can’t stay; they can’t take me home…. I’m still in the same situation with no I don’t feel like I am in control. The future is solutions. Solution just be homeless. This is not in my hands. I don’t plan, because you my graveyard. This is not even prison for me; don’t know what tomorrow holds for you. they treat me worse than a prisoner. I’m no (Violet, Zimbabwe) criminal. I don’t come here to commit criminal. Control, I don’t have control over my life, no. I’m not a resident of this country, but I’m here My control is long time gone. (Joshua, Ethiopia) – residentially permanently homeless. Yes, that’s where they left me. That’s my status, I have no control. [Interviewer: How does and they don’t have no reason or solution. that make you feel?] Useless. Helpless. Very Homeless is the only solution they left me frustrated. (Kayla, Zimbabwe) with. How long I’m going to be homeless? I 3.12 What keeps you strong? don’t know, if they already left me 12 years now. I don’t think they’ll find me an answer, We asked our refused asylum seekers what straightforward answer: we take you keeps them strong and helps them to cope. For home, or we do this for you. No. Just the six of them, the answer was hope: homelessness. No solution…. Answers, there is no answers. Solutions, there is no solutions. I hope it will get better. I want to live a normal (Joshua, Ethiopia) life like everyone else. (Qareen, Palestine) Kasim (Iraq) feels that the time he has spent My hope. Of doing well, of surviving well. waiting in the UK – unable to study or work – is (Faheem, Palestine) worse than being sent back to Iraq and possible death. He feels that, at least, would be mercifully Three participants reported that their faith keeps swift compared to the eight long years spent in them strong: limbo that have ground him down: I don’t know. God. God maybe keeps Every day I’m dying…. Every day. Every day me going, because Home Office have no you are scared, you’re thinking about yourself... conclusion or decision to resolve this problem. you don’t have support, tomorrow what will (Joshua, Ethiopia) happen. It’s very difficult. (Kasim, Iraq) Fiyori (Eritrea) and Enaya (Palestine) both said Kasim feels that, after eight years of waiting, he is that they stay strong for their children: getting too old to move on with his life: I have to be strong for my daughter. My When first time I’m coming I’m young…. But daughter keeps me going. (Enaya, Palestine) if now, now you give me paper, how I go be student. My head, my brain, too much get Violet (Zimbabwe) and Kasim (Iraq), both active tired. (Kasim, Iraq) volunteers, reported that keeping busy helps them to cope: Kasim still has hope and, every year at Christmas, wonders if he will receive some good news: The main way I cope is by keeping busy…. I try and do as much volunteering as possible. I Still I wait here…. Yeah, always, every year, volunteer at the Red Cross three days a week when Christmas coming, I say, “Oh, this and two days a week at the Salvation Army…. one, maybe it’s coming; definitely this news I want to help people like me – asylum

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 27 seekers. I can advise them where to go. It is and more help…. I’m happy when I come in important to me to meet people who are in and I’m working. I want more and more have the same situation. When you are at home all job here. Yeah, actually, actually I want to do the time on your own, you think you are the this. (Kasim, Iraq) only one. (Violet, Zimbabwe) Samir (Algeria) reported that his girlfriend makes Kasim (Iraq) volunteers at the Red Cross and at him feel stronger and helps him cope. Bisrat Justice First: “I’m come to office of British Red (Eritrea) copes by not thinking about the future; Cross, I’m very happy. If when I finish I go outside he prefers to focus on the here and now: I sad”. Kasim likes to welcome people who are new to the area and show them where to go. He So every time I think about today, not the encourages people to get out and do things, like future. If, finally, if I get a paper, if I get attending free weekly English classes at the local granted, I will think about the future, I will think church: about everything. (Bisrat, Eritrea) I take there a lot of people who are new Anwar (Somalia) reported: coming here. I say, “If you stay home more and more, you’ll get bored and you’ll get I’m not strong. I told you, I need to go back upset”. I know this. (Kasim, Iraq) home…. I want to be there now…. I’m not happy to live here. And I have a kid here, but If Kasim is granted status, he would like to work I’m not happy. I have a kid, but I’m not happy for a charity: with my kid. Really, serious, I’m not happy. (Anwar, Somalia) I want to more and more help British Red Cross and Justice First office. I want to more

28 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned SOME OF OUR REFUSED ASYLUM SEEKERS Enaya’s story Enaya is 37 years old and comes from the Occupied Palestinian Territory of Gaza. She came to the UK five years ago with her husband and eight-month-old baby daughter. Her husband was stopped at the airport and returned to Palestine. Subsequently, he was arrested and killed. Enaya and her daughter were refused asylum in the UK. Enaya has approached the Palestinian mission on a number of occasions to get a passport, but an official written response from the Palestinian mission confirmed: “Due to the Oslo Accord between the Palestinian Liberation Organisation and Israel, the Palestinian Mission to the UK does not have authority to issue passports.” Furthermore, Enaya’s daughter has not been registered as a Palestinian citizen. In Palestine, a child’s mother cannot pass on her nationality to her child, only the father can do so by registering the child in Palestine. Unfortunately, this was not done before the family fled, which leaves her daughter stateless. The Palestinian mission has confirmed: “As per your daughter, we cannot assist you in issuing her a birth certificate or any other documents due to the fact that she is not registered in the Palestinian Registry Office, this procedure should be carried out only by her father.” Enaya remarried in the UK, but following the breakdown of her marriage after 18 months, her application for a spouse visa was rejected. She experienced domestic violence when her husband hit her and the child. She went to the police and her husband then kicked her out. Her application for further leave to remain based on domestic violence was also refused because she had not been granted a spouse visa. Enaya is seeking advice on putting in a Stateless application for herself and her daughter who is now five years old. This is a long, drawn-out process and legal aid is not available. Kayla’s story Bisrat’s story Kayla is from Zimbabwe and has been living Bisrat left Eritrea in 2008, aged 18 and with in the UK for 13 years. She does not have no documents. As a child, he lived in many a Zimbabwean passport. She has her birth different East African countries. Bisrat was certificate, but the Zimbabwean embassy born in Eritrea, but went to live in Ethiopia says this is not sufficient to obtain travel when he was one year old. During the 1998– documents. She needs her ID number, 2000 war between Ethiopia and Eritrea, his which is issued only in Zimbabwe when an father was deported back to Eritrea when individual becomes 16 years old. When Kayla Bisrat was nine years old. They later went to left Zimbabwe, she was too young to obtain live in Sudan and Djibouti. Having grown up an ID number. She cannot go back now to in Ethiopia, Bisrat speaks Amharic. Because get one because she does not have a travel of this, the Home Office do not believe he is document. The Home Office believe Kayla is Eritrean. Bisrat is trying to establish whether from South Africa. She is trying to resolve this he is entitled to an Ethiopian passport. He and has approached the South African High has completed the application form and sent Commission to help establish her citizenship. this to the Ethiopian embassy. However, six Six months later, she is still awaiting a months later, the embassy has not replied or response to this request. In 2014, Kayla even acknowledged his request. He is too applied for leave to remain as a stateless scared to approach the Eritrean embassy. person, which was refused. Meanwhile, she Bisrat is trying to contact an aunt in Eritrea to is living in limbo. She has no basis to stay in locate his birth certificate. the UK, but she cannot be returned to either Zimbabwe or South Africa.

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 29 3.13 Documentation difficulties Through its restoring family links service, the Red Cross can provide assistance with tracing The documentation difficulties experienced by family members in the person’s country of origin. each of our refused asylum seekers are detailed They may then be able to assist with gathering in their individual stories. The Red Cross staff documents. One of the staff members in Glasgow members interviewed also commented on the expressed concern about the fact that the documentation difficulties they have come across. Home Office requires a person to use the Red Cross tracing service to prove they are taking all 3.13.1 General issues related to reasonable steps to leave the UK. He questioned documentation the ethics of making the Red Cross part of the burden of proof: Staff mentioned a number of issues that can hold up voluntary return or AVR as well as the process So then that creates ethical issues – in terms of making a further claim, such as a Stateless of sending people here and how does the application. One issue is that the person might Red Cross respond to that. (Red Cross staff not have the documents their embassy requires to member, Glasgow 1) re-document them. One of the staff members from the Glasgow Red Cross provided an example: 3.13.2 Issues relating to embassies If you’re Palestinian, you get issued with a An issue mentioned by most of the Red Cross national identity card, and without that national staff members was that many people are not able identity card you can’t ever get any other to travel to their embassy (most embassies are in documents. And you can’t be re-issued with London), due mainly to a lack of finances. Even that unless you’re in Palestine, or a close relative when they do get to the embassy, the embassy can get it re-issued. So, if you’re over here and staff may refuse to see them if they have no you don’t have that ID card, there’s no way you documentation. can prove your identity. There’s no way you can get other documents. If you don’t have any Embassies will often not even respond to close relatives in Palestine, you can’t get it, so correspondence from Red Cross caseworkers: you end up trapped. For one of the clients, we did a family tracing to try and see if we could I mean, these people [Joshua from Ethiopia find the person’s mother, but we weren’t able and Faheem from Palestine] in particular, they to do that…. So people are effectively stuck…. need to communicate with their embassy Then they just end up here destitute and or to try and get documentation. We’ve homeless, and there’s not much you can do. tried repeatedly to try and get some sort of (Red Cross staff member, Glasgow 2) response from the embassy to either say they are or aren’t from that place. It’s impossible it One of the Red Cross staff members in Glasgow seems. It seems impossible. You can try and (Glasgow 1) mentioned cases in which the Home write letters, try and write emails, try and call, Office has impounded people’s documents but we never get any response. That’s to prove because they believe them to be fake. The Home that that person is from that country. Yes, so Office then refuses to release the documents to that element of their case is incredibly difficult. the client’s lawyer and the lawyer cannot consult (Red Cross staff member, Birmingham) an expert witness to verify the documents. The staff member from Birmingham went on to Other issues mentioned related to cases when comment: people have no documents on arrival in the UK; when people have lost contact with their family in I suppose the interesting thing with these two their country of origin; and when people do not people is they’re just very open about wanting know where they were born. The transient lifestyle to leave the UK…. I suppose it’s really stark of refused asylum seekers also makes them more with them that they are very stuck. (Red Cross likely to lose any documents they may possess: staff member, Birmingham) They might have been refused two years ago The staff member in Leeds mentioned some of the and when they were evicted from their asylum ways in which the Leeds Red Cross helps this group: support house, left all their belongings there…. So they won’t have anything. (Red Cross staff The evidence [needed] would often be around member, Birmingham) proving their nationality. So we would sort of

30 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned work alongside lawyers to get the right kind of While the process of obtaining documents or proving advice around what steps are needed to be nationality continues, the person is left destitute: taken, and then we would help with the sort of practical support. So that could be arranging The difficult thing about it all is the length of trips to embassies, arranging for witnesses time that that takes, and that someone is in to accompany them and write statements, destitution. (Red Cross staff member, Glasgow 1) referring them to community groups and things like that. They [community groups] might be able to provide support and evidence that the 3.14 Detention person is a member of a particular community. When we do send them to embassies, helping Immigration detention refers to the government them prepare what kind of documentation they practice of detaining asylum seekers and other need. (Red Cross staff member, Leeds) migrants for administrative purposes, typically to establish their identities or to facilitate their 3.13.3 Disputed nationality cases immigration claims resolution and/or removal (Silverman 2016). It is an administrative process The Red Cross refugee support service frequently rather than a criminal procedure. comes across disputed nationality cases, in which people need to obtain documents to prove their At least seven of our participants had been in nationality: detention at some point. Five were detained on arrival in the UK and claimed asylum while in So there are cases where someone’s nationality detention. is disputed – cases where people need to get documents from their country of origin, and they Violet (Zimbabwe) arrived in the UK in 2003. She can’t get those documents. Or where someone was detained in 2008 and was released from needs proof of their nationality to be able to get detention because the Zimbabwe Association documents that would mean that they’re able to campaigned for her release. return home. I think they’re the cases that can’t proceed because they can’t get evidence. So Joshua (Ethiopia) arrived in the UK in April 2000. cases where there are disputes about whether He was detained in March 2005 and spent a total somebody is Sudanese or Eritrean, if somebody of four months in detention: simply can’t get those documents then you’re in this impasse with the Home Office. (Red Cross They catch me for I sleep in the street rough. staff member, Glasgow 1) They arrest me and put me in police station for two weeks, and then take me to detention, The staff member in Leicester mentioned a and I stay there for three months. They try to particular case: remove me. They take me to airport, Heathrow, on 6 June 2005, and when I reached there Well, it’s like the other day I was with this lady; they tell me that my flight was cancelled, and she’s been refused because the Home Office they don’t tell me reason why. And they put me say she’s Ethiopian. She claims to be Eritrean back in detention and released me a month and she’s got no identification. Now she’s said, later, only to be homeless. (Joshua, Ethiopia) “Okay, you say I’m Ethiopian; great, give me an Ethiopian passport.” So we called the Ethiopian embassy here and they’ve said, “We’re not 3.15 Statelessness going to give anybody a passport if they don’t have an ID already that proves they’re The UK statelessness procedure was introduced Ethiopian.” So I said, “Well, she doesn’t have” in April 2013. The Birmingham, Leeds, Leicester and they said, “Well, then we won’t be able and Teesside Red Cross refugee support services to help her.” So I thought, okay, let’s call the have all referred cases to the Liverpool Law Clinic, Eritrean embassy and see what they say. Same which specialises in working with stateless people. thing; they said, “Does she have Eritrean ID?” The Leeds service found that the clinic has not I said, “No.” They said, “Well, we can’t help.” recently had the capacity to take on referrals. The So the only solution that they gave is that if she Leeds staff member acknowledges: “It’s quite finds three members of her family who have a complicated application to make and to get an Eritrean ID – but she’s here alone. So she’ll accepted.” For this reason, and because no legal never be able to provide that evidence; so she aid is available, local solicitors are reluctant to take is in limbo. (Red Cross staff member, Leicester) on such cases:

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 31 So we’ve actually struggled to get that kind of people that we’ve seen like that, they haven’t assistance. When we’ve seen cases over the necessarily seen what the point would be years where we’ve thought, oh, there might because they have possibly been through a be something there, and we’ve talked to local lot of this before, accessing other services in solicitors, they’ve generally been unwilling to other towns even, they’ve been somewhere pursue that as an avenue. (Red Cross staff prior to coming to Leeds. So they’ve become member, Leeds) disillusioned anyway and can’t really see that anything’s going to go anywhere. (Red Cross Seven of our refused asylum seekers are staff member, Leeds) somewhere along the Stateless application process. Anwar (Somalia) is considering a Stateless application, as is Walid (Algeria), but 3.16 What changes would they only as a last resort: “I don’t want to have to like to see? do that. It’s the last thing I was thinking about.” Faheem (Palestine) is working on a Stateless 3.16.1 Refused asylum seekers application. We asked our refused asylum seekers to suggest The Red Cross in Leicester helped send Enaya the main change that would improve their lives (Palestine) and her daughter to the Liverpool Law right now. Clinic. Enaya’s daughter is stateless. In Palestine, only the father can confer nationality on the Getting status child, so Enaya cannot pass her nationality to Six of our refused asylum seekers felt that being her daughter. Enaya’s husband was killed before granted status would improve their lives. Fiyori he registered their daughter. Enaya herself is (Eritrea) believes that getting status will enable her unable to get a passport and has a letter from the to improve her children’s lives: Palestinian mission to that effect. She has told her story to students at the Liverpool Law Clinic twice, I don’t have the papers, so I feel sad all the but nothing has come of it: “I feel like a mouse time. My children are illegals and that feels running in a wheel; getting nowhere.” bad. I have a friend who has the papers. Her children live nicely; her children go to a good Violet (Zimbabwe) submitted a Stateless school and have all they need. If I had the application in March this year. Samir (Algeria) papers, I could work. I could make life better. and his solicitor put in a fresh asylum claim on Every day I feel sad. (Fiyori, Eritrea) the basis of statelessness. The evidence was acknowledged, but the refusal made it clear Being allowed to work that this was the wrong form for making such Four of our refused asylum seekers said an application. Samir will have to make a new specifically that being allowed to work is the application on the correct form if he wants to change they want most: move forward. Being able to work. To have a normal life like Kayla (Zimbabwe) and Joshua (Ethiopia) have had everyone else. To work. To live. I don’t want their Stateless applications refused. money from the Home Office; I don’t want benefits. I want to work. I want to have a family The Leeds staff member reported that refused and a house. I don’t want to just sit here. I asylum seekers become so disillusioned that it is need to be normal. I don’t want to be like difficult to convince them there are options: this – no money, no house, no food. (Qareen, Palestine) I mean, there’s people that we’ve worked with who could potentially have been looking at I was asking the Home Office to just give me statelessness applications that we just can’t permission to work. If they don’t want to give even get past the point of trying to get their me permission to stay, just give me permission documents back from the Home Office…. to work. I go to work. Not like now. I cannot Some of them you can’t even get past the work; I cannot do anything…. If you cannot first hurdle and then they don’t…. Because give me permission to stay, just give me they’re street homeless and they’ve got mental permission to work until I find some solution…. health issues, just trying to get them in to If you give me permission for work, I’m going to access the service to try and work on those work. I pay my rent, I pay for everything. (Samir, things is impossible. For them, some of these Algeria)

32 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Going to college or university Aman (Iraq) and Bisrat (Eritrea) would like to go to college and Bisrat dreams about being an engineer. Enaya (Palestine) was offered a place to study law but, as a refused asylum seeker, has no access to student finance: Why do you keep people like that? Let us study, let us work. That would make life feel different. How can you leave people like that without learning and work? If you leave people like that, they learn to hate not love…. Let us give something back; we don’t just want to take. (Enaya, Palestine) Having accommodation Both Aman (Iraq) and Zareb (Sudan) feel that having somewhere to live is the most important change that would improve their lives. Zareb (Sudan), who lives in a night shelter, stressed how he just wants a quiet, safe place to be alone. He lacks privacy and wants time to himself, without other people around. Having money Anwar (Somalia) feels money would change his life: I need money to make me happy... it’s not happy. You can have money and still not be happy... but still it can give you life. You can think I will live... I will live again tomorrow. For me, today is the end, I don’t think that I will live again tomorrow... When I wake up morning, I say “God bless me, still I’m alive.” It’s like that. I’m tired; serious. You don’t know how I feel in my heart, but for me I’m tired. (Anwar, Somalia) Having a solution All that Joshua (Ethiopia) wants is a solution – whether that is going home or being granted status: Yes, all I need is solution. I don’t need money, I don’t need nice house, I don’t need insurance number. I don’t want nothing. I want solution. (Joshua, Ethiopia) 3.16.2 Red Cross staff We also asked caseworkers what they thought could be done to improve the situation for their clients who are living in limbo. Recognise the difficulty of acquiring documents and support the re-documentation process Four of the six Red Cross staff members want the Home Office to recognise how difficult it is for people to obtain documents from embassies:

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 33 Most embassies will not ever write you a letter to obtain documents – I don’t think what the saying that you were there. They’re not going Home Office expect reflects what people to give you a document. They very, very rarely are able to do in terms of when someone will ever do that. That’s one of the reasons why is destitute. I think ultimately, if the Home we send witnesses with people. But we often Office is making a decision on evidence that find that the response from the Home Office is, people need to go and gather, then they well, try again, try again; you need up-to-date should be supported while they’re gathering evidence that you’ve tried again recently. It that evidence…. I don’t think people should just can become never ending, a never-ending be made destitute while they’re looking for journey. (Red Cross staff member, Leeds) evidence. There should be a continuation of asylum support to enable people to gather Beyond that recognition of difficulty, staff feel evidence. (Red Cross staff member, Glasgow 1) the Home Office should support the process of gathering documents, which includes providing The staff member in Leeds stressed that keeping financial assistance. The staff member in Leeds felt people on support means you know where they the Home Office should readily provide money for are when they do become removable: transport to help people get to the embassy: And if you are serious about removing them, There’s always issues getting transport…. I providing them support keeps them on your don’t understand that if the Home Office want radar. Then, in the future, if they are removable people to be able to get documentation to then they’ve got them on their radar; so surely return, why they can’t support, why they can’t that would be better. (Red Cross staff member, pay for transport, why they can’t make it easier Leeds) for people. (Red Cross staff member, Leeds) Give them the right to work The staff member in Birmingham felt the Three staff members felt this group should be Home Office should also be more involved in given the right to work: communicating with embassies around re- documentation. Give them right to work because that will prevent, that will stop exploitation. It will stop Keep people on support people from absconding, it will help their mental Four staff members felt that refused asylum health – so many benefits. It will help the country seekers who cannot return should be on support. because they will pay tax…. I think it just makes Two staff stressed that charities should not be so much sense, even just from an economic relied on to provide a safety net: side of things. It’s not even the humanitarian side. (Red Cross staff member, Leicester) I feel they should be offered some kind of support and accommodation…. I could Having the right to work. If they could work, be idealistic and say there should be more make money, how much different that would charities offering accommodation and better be for them; they’re actually contributing. (Red night shelters and more destitution funds, Cross staff member, Teesside) but that then all comes back to society, not the Home Office. (Red Cross staff member, Raise awareness and provide training around Glasgow 2) statelessness Two staff members felt refused asylum seekers, The staff member in Teesside felt that longer- legal practitioners and non-governmental term issues, such as mental and physical health organisations working with this group should be problems, will end up costing the government a made more aware of the statelessness procedure significant amount if this group continues to be “because I don’t think a lot of people know about ignored. the possibility of asking to become stateless” (Red Cross staff member, Leicester). One of the staff members in Glasgow felt that continuing asylum support would enable people to It could be helpful if there was maybe more gather evidence: training provided to frontline workers to pick up on things, but also to legal providers to know I think there needs to be a realistic or advise on those, if there’s potential to make understanding of how difficult it is for people a serious statelessness application, because

34 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned I don’t really see it come up very often. (Red 3.17 Closing comments Cross staff member, Leeds) Closing comments from our participants related Provide legal aid for Stateless applications mostly to the need for better understanding of the Two staff members felt there is a need for legal aid level of suffering experienced by refused asylum for Stateless applications. seekers who cannot be returned. Provide advice around AVR I think there should be a greater understanding The staff member in Leeds stressed that, since of the levels of suffering that people do the Home Office has taken the AVR programme in experience as a result of destitution, and taking house again, there is no longer impartial advice on that into account and what is humane to put AVR. Such advice is invaluable. people through. (Red Cross staff member, Glasgow 1) Make people feel valued The staff member in Teesside felt there is a need to Kasim (Iraq) would like the Home Office to walk a “make these people feel valued – people want to mile in his shoes: feel like they’re doing something worthwhile”. She felt this could be achieved in a number of ways, If government come and stay with some including providing volunteering opportunities, asylum seeker, homeless people, no have having better access to structured English and food, no eat, no have clothes, no have place maths classes on a long-term basis, and having for live, no have anything, live in the street. access to a sewing machine to make things for After, he’d understand how it is very difficult their children. for you…. After, he understand what happen. But, you know, Home Office have this nice Recognise mental health issues life. He sleep in that condition, have nice car, One of the staff members in Glasgow (Glasgow have nice money – he no care about me. But 1) called for greater awareness and recognition if he one day, two day, come to feel sleeping of mental health issues in this group, particularly in outside park, or sleep in the street, and no relating to trauma. food. After he understand how this is hard life. And if he sees people in this situation, without Consider the length of time people have been family, without country, without everything; if he in the UK understand this life, people, why people leave A number of our participants have been in the their country and come here, then he will have UK for more than ten years. The staff member in to think about people. (Kasim, Iraq) Leicester felt this needs to be considered: Walid (Algeria) concluded: If you have come here ten years ago, it’s not really reasonable for them to be removed and I don’t want to be rich, big money, nice house, sent back to a country where maybe they’ve nice life. No, I don’t want to be rich or nice life. not spent loads of time, and they’ve got no I need just a normal life. (Walid, Algeria) connection there. (Red Cross staff member, Leicester)

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 35 4 Conclusion ife for refused asylum seekers who cannot be returned is bleak. They may be homeless or sofa-surfing, hungry or L lacking adequate clothing. They may be struggling to access some form of healthcare. They are often experiencing all of these things. They currently have no, or an extremely limited, chance of regularisation of their status. Asylum support options are not accessible to them and this issue is likely to worsen under Section 95A. Without support, these people are vulnerable to exploitation and they are likely to drop off the radar, making it even less likely that they can be returned. This group is stuck living in limbo. They are considered to have no right to remain in the UK, but they cannot be returned, and many stay in the country for extended periods of time. The Red Cross believes it is inhumane to abandon these people, leaving them to live in destitution for years, with no recognition of the suffering they face.

36 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 37 5 Recommendations 5.1 Recommendations for the Home Office Recommendation 1 Refused asylum seekers who cannot return home due to such issues as lack of documentation should not be made destitute. Families who cannot be returned The Home Office should keep pregnant women and families with children on Section 95 support, regardless of their status, to prevent destitution and safeguard the best interests of the children involved.

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.

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 39 5.2 Red Cross The Red Cross should: 1. Use our relationships with government and parliamentarians to help solicit responses from embassies when people are failing to receive attention. 2. Independently and in partnership with other organisations operating in the sector, look to develop an operational response that supports service users during embassy appointments for the purposes of gathering evidence of their visit and to advocate on their behalf, when appropriate. 3. Review our current policy of providing 12 weeks of destitution support and take appropriate action to ensure the support we offer is sufficient to deal with the long-term destitution faced by this group. 4. Provide training for and raise awareness among our staff and volunteers on the issue of statelessness, including training on how to apply for exceptional case funding for Stateless applications. 5. Routinely capture data on this group to support wider efforts to understand how many refused asylum seekers there are who cannot be returned.

40 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 41 References Asylum Information Database (AIDA) (2015). https://www.gov.uk/government/uploads/system/ Country report: United Kingdom. http://www. uploads/attachment_data/file/546759/asylum2-q2- asylumineurope.org/sites/default/files/report- 2016-tabs.ods (Accessed 30/12/2016). download/aida_uk_update.iv__0.pdf (Accessed 30/12/2016). Home Office (2016b). Country returns guide: December 2016. https://www.gov.uk/government/ Asylum Support Appeals Project (ASAP) (2014). uploads/system/uploads/attachment_data/ The next reasonable step: Recommended changes file/565811/Country_returns_guide_-_ to Home Office policy and practice for Section 4 November_2016.xls (Accessed 30/12/2016 support granted under reg 3(2)(a). http://www. asaproject.org/uploads/The-Next-Reasonable- Home Office (2016c). Immigration enforcement. Step-September-2014.pdf (Accessed 30/12/2016). Immigration enforcement transparency data Q3 2016. Table FNO_05: Breakdown of detained FNOs Bail for Immigration Detainees (BID) (2016). facing removal or deportation by barrier to removal Nationality, citizenship & statelessness. http:/ at the end of the quarter. https://www.gov.uk/ /www.biduk.org/removability-cooperation/ government/uploads/system/uploads/attachment_ nationality-citizenship-statelessness (Accessed data/file/573585/Immigration_Enforcement_ 30/12/2016). Transparency_Data_Q3_2016.ods (Accessed 30/12/2016). Brokenshire, J. (2016). Asylum: Housing: Written question – 29521, 9 March 2016. Home Office (2016d). Immigration enforcement. http://www.parliament.uk/business/publications/ Immigration enforcement transparency data Q3 written-questions-answers-statements/written- 2016. Table FNO_6: Detained FNOs facing removal questions-answers/?page=1&max=20&questiontyp or deportation who have been waiting 12 months or e=AllQuestions&house=commons%2clords&u more for a travel document. https://www.gov.uk/ se-dates=True&answered-from=2016-03- government/uploads/system/uploads/attachment_ 01&answered-to=2016-03-31&uin=29521 data/file/573585/Immigration_Enforcement_ (Accessed 30/12/2016). Transparency_Data_Q3_2016.ods (Accessed 30/12/2016). Draper, D. (2016). Freedom of information request (case ref 41494): Applications for statelessness. Home Office (2016e). Immigration statistics. Asylum https://www.whatdotheyknow.com/request/ tables – as_14 to as_20. Table as_18_q: Asylum applications_for_statelessness#outgoing-604410 seekers in receipt of Section 4 or Section 98 (Accessed 30/12/2016). support, and decisions to grant Section 4 support. https://www.gov.uk/government/uploads/system/ European Network on Statelessness (2016). uploads/attachment_data/file/572378/asylum4-q3- Protecting stateless persons from arbitrary 2016-tables.ods (Accessed 30/12/2016). detention in the United Kingdom. http://www. statelessness.eu/sites/www.statelessness.eu/files/ Home Office (2016f). Reforming support for ENS_Detention_Reports_UK.pdf (Accessed migrants without immigration status: The new 30/12/2016). system contained in Schedules 8 and 9 to the Immigration Bill, para 26. https://www.gov.uk/ HM Government (2016) Immigration Act (2016). government/uploads/system/uploads/attachment_ http://www.legislation.gov.uk/ukpga/2016/19/ data/file/494240/Support.pdf (Accessed contents/enacted (Accessed 30/12/2016). 30/12/2016). HM Government (1999) Immigration and Asylum Home Office (2016g). Immigration Act 2016: Act 1999, Section 4. http://www.legislation.gov.uk/ Factsheet – Support for certain categories of ukpga/1999/33/section/4 (Accessed 30/12/2016). migrants (Section 66). https://www.gov.uk/ government/uploads/system/uploads/attachment_ Home Office (2016a). Immigration statistics. Asylum data/file/537248/Immigration_Act_-_Part_5_-_ tables – as_02_q to as_06. Table as_06: Outcome Support_for_Certain_Categories_of_migrants.pdf analysis of asylum applications, as at May 2016. (Accessed 30/12/2016).

42 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned Home Office (2016h). Asylum Policy Instruction: Silverman, S.J. (2016). Immigration detention in Statelessness and applications for leave to remain. the UK – Migration Observatory briefing. http:// https://www.gov.uk/government/uploads/system/ www.migrationobservatory.ox.ac.uk/wp-content/ uploads/attachment_data/file/501509/ uploads/2016/04/Briefing-Immigration_ Statelessness_AI_v2.0__EXT_.pdf (Accessed Detention-1.pdf (Accessed 30/12/2016). 30/12/2016). UK Visas and Immigration and Immigration Independent Chief Inspector of Borders and Enforcement (2013). Statement of changes in Immigration (2014). An inspection of the immigration rules: HC 1039. https://www.gov.uk/ emergency travel document process, May– government/uploads/system/uploads/attachment_ September 2013. http://icinspector.independent. data/file/268340/hc1039.pdf (Accessed gov.uk/wp-content/uploads/2014/03/An- 30/12/2016). Inspection-of-the-Emergency-Travel-Document- Process-Final-Web-Version.pdf (Accessed Woodhouse, S. and Carter, J. (2016). 30/12/2016). Statelessness and applications for leave to remain: A best practice guide. Immigration Law Refugee Action (2016). AVR info. [Email] Message Practitioners’ Association and Liverpool Law from Lennox, C. to Joy, S. 25 August 2016. Clinic. http://www.ilpa.org.uk/resource/32620/ statelessness-and-applications-for-leave-to- Refugee Council (2012). Between a rock and a remain-a-best-practice-guide-dr-sarah- hard place: The dilemma facing refused asylum woodhouse-and-judi (Accessed 30/12/2016). seekers. https://www.refugeecouncil.org.uk/ assets/0000/1368/Refugee_Council_Between_a_ York, S. (2015). Revisiting removability in the Rock_and_a_Hard_Place_10.12.12.pdf (Accessed ‘hostile environment’. Birkbeck Law Review, 3(2): 30/12/2016). 227–257. http://www.bbklr.org/uploads/1/4/5/ 4/14547218/227_york_revisiting-removability_ 15-12-28.pdf (Accessed 30/12/2016).

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 43 Appendix: Our refused asylum seekers See page 12 for the stories of Faheem, Kasim and However, because she has no ID to prove she Walid, page 15 for Anwar’s story, and page 28 for is Eritrean, she was told that she needs three Enaya, Kayla and Bisrat. Eritrean nationals, recognised by the embassy, to confirm that she is Eritrean in order to progress Aman’s story any further enquiries. Fiyori cannot be returned to either Ethiopia or Eritrea without ID to obtain a Aman is 36 years old and comes from Diyala in travel document. She is currently stuck living in Iraq. He does not have ID that will allow him to limbo in the UK. obtain documentation to return to Iraq. The Home Office expects him to use his family in Iraq to Joshua’s story help him obtain ID. Aman has lost touch with his family. He has had no news from them for many Joshua is 38 years old and was born in Gondar, months and is very worried for their safety. The Ethiopia. He is Ethiopian by birth. His parents took Home Office has accepted that Aman’s return to him to Tanzania as a baby, where he lived with Iraq is currently not feasible. However, the onus his father. Joshua has never had a passport. He is on Aman to demonstrate why he cannot obtain has been in the UK for over 16 years. The Home documentation. Aman has contacted the Red Office Asylum team does not believe Joshua to Cross restoring family links service to try to find his be Ethiopian; they say he is Tanzanian. Joshua family. These enquiries are still ongoing but so far tried to get re-documented at the Ethiopian have had no success. embassy but without success. Eleven years ago, Joshua was detained by the Home Office, Dawit’s story which attempted to enforce his removal to Dar es Salaam, Tanzania. However, when he reached Dawit is 29 years old and comes from Eritrea. Heathrow Airport he was told that the removal had He was born in Ethiopia, but was deported to been cancelled. Eritrea with his family during the war when he was 13 years old. Dawit has no Eritrean ID. The Home In 2013, unable to prove his nationality, Joshua Office believes Dawit is Ethiopian. He is currently made a Stateless application. Two years later, this living in limbo in the UK and is trying to address was refused. The Home Office Stateless team his situation. The Red Cross provided funding for concluded that Joshua is of Ethiopian nationality Dawit to travel to the Ethiopian embassy to try to by birth, but they were not satisfied that he had establish his nationality. However, the embassy provided enough evidence to suggest that the refused to see him and assess him. The Red Ethiopian embassy will not accept him as a Cross has also written to the Ethiopian embassy to citizen. Joshua has since visited the Ethiopian ask its staff to interview Dawit in order to establish embassy again. The staff told him that without whether he is an Ethiopian national. Over a year documentation they cannot make an appointment later, he is still awaiting a response to this request. to assist him. Joshua also approached the Tanzanian embassy. He was told that it has no Fiyori’s story record of him and would need his birth certificate or passport to establish citizenship. Joshua Fiyori is 25 years old and comes from Eritrea. states that he would be happy to go to Tanzania She is in the UK with her husband, also from if the Home Office could organise this with the Eritrea, and two small children, who were both Tanzanian authorities. He does not think he has born here. The Home Office does not accept that any chance of being re-documented to go to Fiyori is Eritrean because she does not speak Ethiopia because he does not speak Amharic. fluent Tigrinya. It believes she is Ethiopian. The Red Cross is supporting Fiyori in her attempts In 2015, Joshua submitted evidence of his to contact the Ethiopian embassy to confirm her embassy visits to be considered as a fresh nationality. She has no documentation to show claim for asylum. He provided his coach ticket she is Ethiopian, and so she is unable to even to London and a note from the receptionist at get an appointment with them. Fiyori has also the Ethiopian embassy stating they were unable approached the Eritrean embassy in London. to assist him further. He was told, once again,

44 Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned that this evidence was not enough and did not completed and signed application form, photos amount to a fresh claim. Recently, the Red Cross and travel tickets provided by the Home Office. contacted the Ethiopian embassy to request In addition, in the absence of documentation, written confirmation that Joshua had visited he must provide two witness declarations from it. Eight months later, no response has been Algerian nationals, registered at the consulate in received. London, testifying that he is an Algerian national. Samir does not know any Algerian nationals, so it Joshua has made several attempts to apply for has not been possible for him to find a witness to assisted voluntary return (AVR). However, his confirm his Algerian nationality. The Red Cross has return has not been possible. Most recently, he tried to assist him with finding witnesses, but none contacted the Home Office Voluntary Departure of these enquiries has been successful. team, who say they are trying to facilitate his return. On the advice of his solicitor, in 2015, Samir submitted further evidence for his asylum claim Joshua is desperate to find a solution to his long- based on statelessness. However, this evidence term life in limbo and is willing to return to Ethiopia was not considered since he was told that he had or Tanzania. He currently cannot be returned to not followed the correct format. He should have either country. been advised to make a Stateless application. Qareen’s story Samir is now seeking advice on making a Stateless application, but there is no legal aid to Qareen is 44 years old and comes from Palestine. do this. Samir is trapped in the UK and simply He has no documents to prove his nationality. wants to leave. Samir’s story Violet’s story Samir is 36 years old and comes from Algeria. His Violet is 49 years old; she is from Zimbabwe and parents died when he was a child. Samir moved came to the UK nearly 13 years ago. She has to Belgium when he was 14 years old and ended no identity documents and is therefore unable up in a children’s home. He ran away from the to obtain a Zimbabwean passport. Violet has home, but continued living in Belgium for 17 years applied for leave to remain in the UK based on before coming to the UK five years ago. Samir statelessness, despite having no access to legal has no passport or ID from Algeria or Belgium. For aid. Her family had to scrape together the money over three years, Samir has been trying to leave to help her fund a solicitor in order to apply. She is the UK. He applied for AVR twice. Both of these awaiting the outcome of this application. applications expired since he was unable to get a travel document from the Algerian consulate within Zareb’s story the three-month validity of the application. The Home Office refused to grant him an extension of Zareb is 29 years old and was born in Darfur, time to do this. Sudan. He came to the UK with his birth certificate and both of his parents’ passports. However, Samir has been to the Algerian consulate five these documents have been confiscated by times to try to apply for a travel document to the Home Office as they are believed to be return to Algeria. Samir has completed the travel counterfeit. The embassy does not believe Zareb document application and, on one occasion, to originate from Sudan. Zareb is now without his the Red Cross arranged for a volunteer from documents, so he cannot take them to an expert a local organisation to accompany him. She for independent verification. He cannot establish provided photos and a written statement of the his nationality with the Sudanese embassy or even visit. However, the Algerian consulate will still not begin enquiries to obtain a travel document to cooperate because Samir has no ID. They advised allow him to return home. that he should return to the consulate with a

Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned 45

British Red Cross UK Office 44 Moorfields London EC2Y 9AL The British Red Cross Society, incorporated by Royal Charter 1908, is a charity registered in England and Wales (220949), Scotland (SC037738) and Isle of Man (0752) redcross.org.uk