Policy Changes: Fresh Claims and Section 4 Support

Unfair Treatment of Failed Asylum seekers who want to make a Fresh Asylum Claim.

 

A new system has been introduced by the UK Borders Agency (UKBA) from 13^th October for fresh representations. The new system will cause extreme difficulties for many applicants. Some may find it impossible to make fresh representations. This new system has been severely criticised as oppressive and unlawful.

 

Fresh representations (or submissions) consist of new evidence or arguments that a failed asylum seeker wants UKBA to accept as the basis of a new asylum claim. They can come about, for example, when:

• new documentation comes to light or
• there is a change in the circumstances of the failed asylum seeker or in his/her country or
• there is a change in immigration law 

 

Before 13^th October 2009, a failed asylum seeker could lodge fresh representations with UKBA by post. Without any prior notice or consultation UKBA announced that from 14^th October any fresh representations have to be lodged in person.

 

Individuals who made their first claim for asylum on or after 5th March 2007 (and who are now dealt with as NAM cases) must lodge any fresh representations at their reporting centre. The real problem is for those who made their original asylum claim before 5^th March 2007. These individuals (so-called ‘legacy cases’) must travel to Liverpool to lodge any further representations in person.

 

The new system is causing serious hardship because:

• An appointment in Liverpool must be booked in advance by telephone.
•  It has been extremely difficult to get through to the designated Liverpool telephone number to make an appointment.
• Only sometime after the system had been introduced was it discovered that UKBA transferred the Liverpool telephone line to an answering machine once bookings for the next ten days are made. This happened on average, at around midday each day. Many did not realise this because the line was constantly engaged and so they did not reach the answering machine.
• UKBA refuses to pay any travelling expenses for the journey to Liverpool once an appointment is made.
• Many failed asylum seekers do not have the means to buy train or coach tickets.
• Some charities are paying for fares but they cannot do so indefinitely.
• Even those who are too ill had to telephone the same Liverpool number and then produce medical evidence to prove that they could not travel. But they also could not get through. In the meantime UKBA has announced that these individuals can make different arrangements to lodge their fresh representations, ie by contacting their own local UKBA case worker/team.
• UKBA is refusing to consider any claim for section 4 support based on the fresh representations while they are being considered – unless this takes more than 20 working days.

 

ASAP believes the new system is unlawful. It has been brought in with the clear, though not expressed, purpose of making it difficult for fresh representations to be submitted.

 

ASAP has prepared and issued monitoring sheets for immigration lawyers to record difficulties experienced in making an appointment with Liverpool by telephone. Please email us if you would like copy. If enough are returned we shall use them in judicial review applications against the new system where the asylum support is being challenged. Two judicial review claims have already been issued.