Sayef Amin Southeast University +8801924122222

1. International Refugee Law
Course Code:LLBH 4212
3/5/2012

2. ASSIGNMENT ON:
Refugees Protection in UK
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3. What is an 'Asylum Seeker'?
An 'asylum seeker' is a person who requests refugee status in another state,
usually on the grounds that he or she has a well founded fear of persecution in
their home country or that they feel their life or liberty is threatened by armed
conflict or violence.
Since the 1980s more than five million people have submitted such requests for
refugee status in Western Europe, North America, Japan and Australasia.
With the era of open immigration in the post World War II years now a distant
memory, inevitably, such large numbers of refugee movements has caused a
backlash amongst traditional receiving states and continents.
Background to Asylum:
The concept of asylum is not new. It has been in existence for almost 3,500
years and can be found in different interpretations in many ancient societies. A
Hittite King in the second millennium BC declared "Concerning a refugee, I
affirm an oath the following: when a refugee comes from your land into mine he
will not be returned to you. To return a refugee from the land of the Hittites is
not right."
In more modern times, the member nations of the European Union, especially
those with colonial backgrounds have traditionally welcomed immigrants. The
UK, France and the Netherlands have all received significant numbers of people
from the Commonwealth, Algeria and the Dutch Antilles respectively. Today,
the UK remains proud of its record on immigration, referring to its laissez faire
attitude as far back as the Eighteenth century, when London already enjoyed a
cosmopolitan populace.
The Geneva Convention:
The cornerstone of international refugee protection is the 1951 Geneva
Convention and the 1967 Protocol. The Geneva Convention was designed as a
response to the mass migration flows Europe witnessed in the immediate
aftermath of World War II. With European displacement firmly in its mind, the
Geneva Convention originally contained a geographical and historical clause,
which automatically banned people from certain countries from claiming
asylum.
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4. The 1967 Protocol removed these restrictions and allowed people from any
country to claim asylum. The Convention provides protection to those who
have:
"A well founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion…" It is
important to recognize that the Convention does not make the claim of asylum a
right of the individual. The granting of asylum has always been (and remains)
the right of a state. However the universal recognition of asylum by states can
be viewed as an implicit right of an individual to claim asylum.
The 1951 Geneva Convention has a far wider social impact than merely
defining a refugee. The convention also covers the social and economic
circumstances of refugees in countries of exile. Whilst stating that all refugees
should adhere to the laws and regulations of their host country, the convention
also states that refugees should receive benefit of equal measure to other 'aliens'
residing in the country. These benefits extend to personal status, artistic rights
and industrial property, right of association and access to courts. Additionally,
non-discrimination and a minimum standard of religious freedom are also to be
allowed. With reference to employment status- the convention stipulates that
refugees should be given the same rights as other foreigners in the country. In
terms of welfare rights- the convention states that refugees should be allowed
equal access to rationing, elementary education, public relief and assistance and
social security.
Asylum Policy in the UK:
Apart from the UK signing the 1951 Geneva Convention, there was little if no
mention of asylum in UK legislation until the 1980s. In response to the growing
number of applications, the UK government in 1987 signed the Carriers
Liability Act in 1987. This imposed heavy fines on all carriers who were found
to have transported people without the correct documentation into the UK. Visa
restrictions were also introduced for certain nationals. However the 1990s
witnessed unprecedented legislative action on asylum and immigration with
three statutes in a decade. Here is a brief breakdown of the acts:
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5. Protecting Refugees:
In the UK, UNHCR provides guidance on refugee and asylum law and policy to
the UK government, legal practitioners, non-governmental organizations and
many others. Where appropriate UNHCR takes up cases and raises issues of
concern with our counterparts in the UK government. We intervene in court
proceedings, which are precedent-setting for the international protection of
refugees. We also provide training on a range of issues to those working with
asylum-seekers and refugees.
Legal Interventions in Precedent-Setting Cases:
UNHCR is able to intervene in select asylum cases, and we are always
interested to hear from legal representatives about forthcoming cases raising
matters of particular concern that are precedent-setting on significant issues of
asylum and refugee law. Interventions by UNHCR may take the form of letters
of advice or opinion for use at any stage of the asylum process. In exceptional
circumstances, UNHCR may make direct contact about an individual case with
our counterparts in the Home Office or the Foreign & Commonwealth Office. In
appropriate cases, UNHCR may consider applying to act as an intervener.
UNHCR's role when intervening in individual cases is to provide a guiding
framework, with refugee protection at the heart, through advice on questions of
principle, and through the provision of UNHCR papers on country situations
and on particular topics. We hope that such interventions provide a framework
of guidance or advice to the court, in which legal representatives can apply their
own skill and experience to ensure that international protection, is granted to
those who need it.
Why do we intervene in such cases?
UNHCR recognises the important role played by UK courts in the development
of international refugee law. UNHCR believes that its intervention in national
courts is a powerful means of asserting a position on refugee protection and
contributing to the development of international refugee law. Due to limited
resources, UNHCR's interventions have focussed on higher level court
proceedings, due to the precedent-setting nature of the decisions.
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6. The UK’s role in the international refugee protection
July 2008 In recent years, global refugee numbers have been increasing, from
8.7 million in 2005, 9.9 million in 2006 to 11.4 million by the end of 2007.
Most refugees flee to neighboring countries and remain in their region of origin.
At the end of 2007, the Middle East and North Africa region hosted a quarter of
all refugees (approx. 2,700,000 refugees), primarily from Iraq, while Europe
hosted 14% (approx. 1,580,000 refugees). Pakistan is the country with the single
largest number of refugees (2 million). Between them, Syria and Jordan host
over 2 million Iraqi refugees. In comparison, the UK hosts less than 300,000
representing 2.6% of the world’s refugees.
Global asylum numbers are also increasing. Approximately 647,000 asylum
applications were made around the world in 2007 – an increase of 5% from
2006 and the first rise in 4 years. EU countries received 222,900 new
applications in 2007 – an 11% increase on 2006. The UK received 27,900
asylum claims in 2007, just over 8% of the total received in industrialized
countries and the lowest level recorded since 1989. By contrast, in 2003, the UK
received 60,050 applications. Some Western European countries such as
Austria, Germany and France have seen a steady decrease in asylum numbers.
Figures in Germany reached a 30-year low in 2007 with 19,200 individuals
applying for asylum. In Sweden, however, the 2007 level is the third highest
ever witnessed in the country after 1992 (84,000 claims) and 1993 (37,600
claims). This increase has been caused primarily by the continuous arrival of
large numbers of Iraqi asylum-seekers. Major increases have been witnessed at
the external borders of the EU, in Greece, Italy, Spain and Turkey. Greece has
emerged as a major new recipient of asylum-seekers in the industrialized world.
In the course of 2007, 25,100 asylum applications were lodged in the country,
almost 13,000 more than in 2006, constituting five times more applications than
in 2004 (4,500 asylum claims). Airline Liaison Officers (ALOs) and juxtaposed
controls – UK immigration officers posted at train and ferry ports in France and
Belgium – are just two of the measures used to control irregular migration
overseas. The UK has approximately 40 ALOs posted in over 30 locations
around the world.
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7. In the last 5 years, UK ALOs have prevented more than 150,000 inadequately
documented migrants from reaching the UK. Juxtaposed controls stopped
16,898 people crossing the channel irregularly in 2006. It is not know how
many of those stopped were fleeing persecution. In Kent the number of irregular
immigrants arriving since 2002 has reduced by 88%.
Since FRONTEX became fully operational in 2006, it has intercepted over
50,000 irregular migrants in 33 different operations, and the UK was involved
in approximately half of these operations. FRONTEX does not provide any
breakdown of whether those intercepted wished to/did seek protection. Since
1993, UNITED has recorded the deaths of more than 8800 refugees and
migrants British Refugee Council, (commonly called the Refugee Council) is a
company limited by guarantee registered in England and Wales,
The European share of global resettlement remains modest with 5610
resettlement places available. The UK resettled 413 refugees in 2007-8 and
increased the quota from 500 to 750, including a commitment to accept Iraqis.
These are welcome developments and place the UK’s quota 250 higher
than the Netherlands and Denmark although significantly lower than Sweden
(1900) and Norway (1200). Divergences between the different asylum systems
of Member States have resulted in differing recognition of refugees across
Europe. Iraqis were the largest group applying for asylum in industrialized
countries in 2006 and 2007. However, positive decision rates at first instance on
Iraqi applications varied from 0% to over 90% in the EU during 2007.
Recognition rates for Iraqis at first instance: 97% in Hungary; 87.5% in Cyprus;
82% in Sweden; 85% in Germany; 30% in Denmark; 13% in the UK and 0% in
Greece.
Integrating refugees into the UK
 Gateway Protection Programme
 Integration loan
 European Refugee Fund
This page explains the UK Border Agency's integration loan scheme for new
refugees and those granted humanitarian protection.
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8. The UK Border Agency administers a loan scheme to help new refugees, those
granted humanitarian protection, and their respective dependants, to purchase
goods and services to assist their integration into the UK.
The opportunity to apply for an integration loan is available to any person who
is granted refugee status, humanitarian protection, and their respective
dependants. The loan scheme is designed to give financial support to these
individuals as they enter a critical period during which time they may have to
find accommodation, train or re-qualify and seek employment. The loans are
interest free.
The criteria on which the loans are determined is set out in Government
regulations and guidance. It is intended that the loan will be spent on items and
activities that facilitate integration such as:
vocational training where provision is not available through Job centre
Plus;
a deposit for accommodation;
buying essential items for the home; or
the purchase of tools of a trade.
The loan scheme is not retrospective and so only those granted leave to enter or
remain as a refugee, on the grounds of humanitarian protection or their
respective dependants after the 11 June 2007, when the scheme was introduced,
can apply for a loan.
The application form can be downloaded from the right side of this page and
also from the integration page of the Asylum section of this website. Guidance
notes are also on both pages and may help with the completion of the
application form and address any queries applicants may have about the
scheme. Copies are also sent out by the UK Border Agency with asylum
decisions where appropriate.
The Department for Work and Pensions (DWP) make the loan payments on
behalf of the UK Border Agency. Once the payment has been made, repayments
will be made directly from those in receipt of income related benefit (income
support, income based job seekers allowance or pension credit). For that not in
receipt of these benefits, DWP will recover the loan, usually by direct debit
arrangement. DWP will make direct contact with loan recipients about the
collection arrangements.
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9. Who will be eligible for an integration loan?
Anybody over the age of 18 years who is granted full refugee status or
humanitarian protection after 11 June 2007 will be eligible to apply for a loan as
will their dependants who are also aged over 18 years of age.
The criteria on which the integration loans are determined is set out in the
Integration Loans for Refugees and Other Regulations 2007, and enable loans
only to be made to those granted refugee and humanitarian protection status.
Asylum seekers who are granted indefinite leave to remain outside the
Immigration Rules are not eligible to apply for a loan.
Only one loan payment is allowed per person. Joint applications will only be
considered if both partners would be separately eligible for a loan and if both
partners would benefit from the loan.
The criteria against which decisions are made is set out in the loan regulations
and the supporting policy guidance document. This criterion includes the
intended use of the loan and the applicant's financial position.
The length of time a person has already spent in the UK prior to a loan
application being made will be taken into account, this may be time spent as a
refugee or under some other immigration status. The time that has elapsed since
an applicant arrived here and/or was granted refugee status will be relevant to
his/her integration needs and the assistance that he/she requires, but each
application will be considered on its own merits.
The payment of an integration loan to an applicant who has been convicted of a
criminal offence since arriving in the United Kingdom is not normally regarded
as an appropriate use of public funds and such applications will be considered
for refusal.
How does someone apply for a loan?
Application forms are sent out to refugees and those granted humanitarian
protection with the letters notifying them of a successful outcome. They are also
available to download from the right side of this page. Completed application
forms should be sent to the Integration Loan Team in the UK Border Agency
which is responsible for considering loan applications and ensuring that loan
payments are targeted towards those with the greatest integration needs.
A person applying for a loan must have a National Insurance Number. A loan
application is not valid without one and will be refused. If the applicant has not
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10. been issued with a National Insurance Number he/she should apply for one as
soon as possible at the nearest Job centre Plus.
A person cannot apply for a loan from abroad. The loan scheme is to enable
new refugees, those granted humanitarian protection and their respective
dependants under UK immigration legislation, to integrate into UK society. It is
not applicable to those applying to come here from abroad.
Applications must be made in English on the Integration Loan application form.
Applicants may wish to seek help from the nearest One Stop Service or a local
refugee community organization.
Incomplete application forms will be returned to the applicant without any
action being taken. It is up to the applicant to reapply for a loan once they have
all the information requested on the application form.
What can be purchased with an integration loan?
The Integration Loan Scheme is in place to allow those recently granted refugee
status, humanitarian protection (and their respective dependants) to apply for a
loan to purchase items and services that will help their integration into the UK.
This will usually be for housing, employment or education purposes.
Loans will not be awarded for luxury or non-essential items. Exclusions may
include payment of arrears, general living costs, driving lessons or travel
documents. Nor will loans be paid for the travel costs of family members
coming to the UK under Family Reunion arrangements.
The total amount of money that can be paid out in loans each year is limited.
The amount of money offered to eligible applicants may therefore vary during
the financial year to keep within budgetary constraints. The minimum loan
award that will be paid is £100 and the maximum amount that will be paid is
variable.
How are the loans paid and repaid?
The loan is usually paid directly into the applicant's bank or building society
account. If the applicant does not have an account then they are advised to open
one before applying for a loan. Money will not be paid into a third party's
account. If the applicant cannot open a banking account and the loan is under
£450, a cheque can be issued in exceptional circumstances.
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11. The loan will be collected in regular installments by the Department for Work
and Pensions (DWP). For those in receipt of social security benefit, collection
will be taken directly from that benefit through mechanisms in place to collect
third party deductions such as utility debts and court fines. Where a refugee is
not receiving state benefits, he/she will repay the loan directly to DWP. In most
cases repayment of the loan will begin six weeks after the funds are released to
the individual.
Loan recipients will sign a loan agreement which sets out how much they will
be required to pay each week/month. DWP will renegotiate the rate repayable
each time the person switches from benefits to work and vice versa. The rate
they are required to pay may increase.
Other organizations that can help refugees:
There are many organizations in the UK that can offer vital help to vulnerable
refugees and asylum seekers:
 People who need advice and support
"Get connected" help line for young people
Get Connected finds young people help by giving emotional support, exploring
the options available to a young person and putting them in touch with the
service that can help them best. Call 0808 808 4994.
United Nations High Commissioner for Refugees:
The Office of the United Nations High Commissioner for Refugees is the
agency mandated to lead and co-ordinate international action to protect refugees
and resolve refugee problems worldwide.
Migrant Helpline
Migrant Helpline is a non-government organization that provides advice to
asylum seekers and refugees, promotes awareness of asylum issues and works
towards the integration of asylum seekers and refugees within the community.
Asylum Aid
Asylum Aid gives free legal advice and represents the most vulnerable and
disadvantaged people seeking asylum in the UK in their asylum applications.
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12. Refugee Action
Refugee Action provides practical advice and assistance for newly arrived
asylum seekers and is committed to their settlement through community
development work.
Shelter
Shelter helps 100,000 people find and keep a home each year.
The Salvation Army
The Salvation Army is part of an international Christian church and one of the
largest providers of social welfare in the world.
Refugee Council
The Refugee Council provides support and help to refugees and asylum seekers.
 Background and policy information on refugee issues
Home Office
The Home Office is the Government department responsible for internal affairs
and immigration control (permission to stay, citizenship, and asylum) in
England and Wales.
European Council on Refugees and Exiles (ECRE)
The European Council on Refugees and Exiles is a pan-European network of
refugee-assisting non-governmental organizations, aiming to promote the
protection and integration of refugees in Europe.
Immigration Law Practitioners' Association (ILPA)
The Immigration Law Practitioners' Association promotes and improves the
advising and representation of immigrants, and provides information to
members on domestic and European immigration, refugee and nationality law
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