Rights groups warn of ‘egregious’ impact of asylum support reforms on stateless people

A coalition of refugee, legal and statelessness organisations last week published a joint statement warning that proposed changes to the UK's asylum support system could leave stateless people and families facing an increased risk of destitution.

Image credit: WikipediaThe 7-page statement by Asylum Aid, the Jesuit Refugee Service UK, the European Network on Statelessness, Salam, NASI and the University of Liverpool Law Clinic can be downloaded here.

The organisations said that the proposed reforms, as set out in a consultation on implementing provisions of the Immigration Act 2016, would significantly reduce access to support for people who have been refused asylum. Asylum support would be removed from families 90 days after refusal, and access to some local authority assistance would be restricted for families and care leavers without immigration status.

According to the statement, the 'alarming' measures would increase destitution among people unable to leave the UK, especially stateless people, who often face lengthy barriers to resolving their immigration status. It notes: "Stateless people, in particular, are already disproportionately forced into prolonged destitution and legal limbo. These proposals could have a specific and egregious impact on them, and fundamentally undermine their human rights."

The statement further explains with regards to stateless people: "These are people who may also be unreturnable because no State will accept them as their national or issue them documentation. Statelessness cases are often complex, requiring extensive evidence gathering and engagement with multiple authorities. Stateless people already therefore experience prolonged periods of destitution that often locks them in statelessness for longer, and these changes will worsen their situation, with a particularly severe impact on families where both parents and children are stateless or at risk of statelessness."

Another major concern is the impact on families with children. The statement explains that withdrawing support could place families at immediate risk of homelessness and create pressure either for children to be taken into care or for families to disengage from official systems. The organisations say such outcomes would be inconsistent with the Government's duty to safeguard children and promote their best interests.

The statement also criticises plans to introduce time limits for applications for support from people who are unable to leave the UK. Under the proposals, individuals would generally have 21 days after exhausting appeal rights to apply for support, while families would have 90 days. Asylum Aid and the other organisations argue that these deadlines fail to reflect the realities of complex immigration and statelessness cases, which often take months or years to resolve.

Appeal rights against refusals of support would be removed under the proposals. The coalition warns this would make it significantly harder, or even impossible, to challenge incorrect or unlawful decisions. It argues that independent appeals are often essential in correcting errors and ensuring that evidence is properly considered. Without such safeguards, the statement warns, people may be left trapped in destitution despite having valid obstacles to leaving the UK.

To illustrate these concerns, the statement includes case studies of individuals who spent years trying to establish their nationality or obtain travel documents while repeatedly struggling to access support. One case study notes: "A lack of support while preparing for and during a statelessness application can result in years of destitution. Even once a decision is made, there is no right of appeal against refusal of leave – only an administrative review process, which currently has an 18-month backlog."

In concluding, the organisations warn the proposals risk increasing destitution, prolonging legal limbo and exposing vulnerable people to abuse and exploitation. They call on the Government to abandon the reforms and maintain access to support based on need, while ensuring that any future changes comply with the UK's obligations towards refugees, stateless people and children.

"No one should be made destitute by design," the statement concludes.