Asylum system "still not fit for purpose"
28 Mar 08
Independent Commission's interim report condemns many decisions as "perverse and unjust"
A new report has revealed overwhelming support for the principle of an asylum system in the UK – both from members of the public and the authorities – and one that operates fairly, firmly and humanely.
However, the system as it operates at present has been condemned for the way it handles those seeking asylum and those who are eventually refused asylum, with decisions made often being "perverse and unjust".
The Independent Asylum Commission (IAC), set up in 2006 to conduct a nationwide citizens' review of the asylum system, published its interim report yesterday after collecting evidence from hundreds of individuals and organisations.
In 2006 the then Home Secretary, John Reid, included the asylum system in his condemnation of a department that was “not fit for purpose”. The IAC’s findings are a provisional assessment of the system – its final conclusions and recommendations will be published in the summer.
The key conclusions to date are that:
- there is almost universal acceptance of the principle that there must be an asylum system, and that it must be applied fairly, firmly and humanely;
- the UK asylum system is improving, but is not yet fit for purpose;
- the system still denies sanctuary to some who genuinely need it and ought to be entitled to it, but is not firm enough in returning those whose claims are refused;
- the system is marred by inhumanity in its treatment of the vulnerable.
Odds stacked against
The Commission’s report commends the strenuous efforts being made by the Border and Immigration Agency to deal with asylum claims more effectively. However, despite these efforts, it says a "culture of disbelief" persists among decision-makers. Along with lack of access to legal advice for applicants, this has led to perverse and unjust decisions.
The report adds: "The adversarial nature of the asylum process stacks the odds against asylum seekers, especially those who are emotionally vulnerable and lack the power of communication."
The Commission also found that the treatment of asylum seekers falls "seriously below the standards to be expected of a humane and civilised society".
The report continues: "The detention of asylum seekers is over-used, oppressive and an unnecessary burden on the taxpayer, and the detention of children is wholly unjustified. Some of those seeking sanctuary, particularly women, children and torture survivors, have additional vulnerabilities that are not being appropriately addressed.
"The current arrangements for returning people who have been refused sanctuary are not effective enough and are sapping credibility and public confidence in the asylum system. There can be no criticism of cases where refused asylum seekers are encouraged, by fair and positive means, to leave the UK. Enforced returns, on the other hand, have not always been handled with the necessary sensitivity."
Commanding confidence
On the Commission’s final conclusions due out later this year, IAC co-chairs Sir John Waite, a former High Court judge, and Ifath Nawaz, President of the Association of Muslim Lawyers, said: "Our aim will be to produce recommendations for reform that are fair as well as forceful, and realistic as well as humane.
"We must have an asylum system that safeguards the rights of asylum seekers but also commands the confidence of the British people."
The Borders and Immigration Agency has rejected the report's criticisms, maintaining that it operates a "firm but humane" system.