Safeguarding Asylum Seekers
SCOPE OF THIS CHAPTER
This chapter is about safeguarding adult asylum seekers that are experiencing, or at risk of experiencing abuse or neglect.1. What is an Asylum Seeker?
Asylum is a legal application to claim refugee status in another country, usually because of war, persecution and human rights violations.
An asylum seeker is someone who has asked for asylum.
After receiving an asylum application, the government of the country where asylum is being sought must decide whether the asylum seeker meets the definition of a refugee as defined in the 1951 UN Refugee Convention:
Someone who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of [their] nationality and is unable or, owing to such fear, is unwilling to avail [themself] of the protection of that country."
If the government accepts that the asylum seeker is at risk from persecution and that their country of origin is either unable or unwilling to protection them, the definition is met, and their asylum application should be approved.
An adult asylum seeker has restricted rights. For example, they are not allowed to work or claim benefits.
If an adult asylum seeker is destitute, the Home Office has a statutory obligation under the Immigration and Asylum Act 1999 to provide accommodation and/or financial support to them during the period in which their application is being considered.
For further information about asylum support, see:
2. What is a Refugee?
If an asylum seekers application determines that they meet the definition of a refugee, they should be granted refugee status.
A refugee has a right to study, work and claim benefits and other public services they may be entitled to.
Any asylum support (including accommodation) that the refugee was getting from the Home Office during their asylum claim period will stop after 30 days. This is the point where refugees are at risk of becoming homeless. The charity, Migrant Help provides a ‘Move On’ advice service to reduce this risk by assisting refugees during this time.
Refugee status lasts for 5 years. After this time, an application for permanent residency can be made. This is known as Indefinite Leave to Remain status (IDR). If granted, the refugee can remain in the UK permanently.
For more information about refugee status, see Citizens Advice: After you get refugee status.
Not everyone who applies for asylum will be granted refugee status. Some will be asked to leave the UK, and some will be granted another type of status to remain:
Humanitarian protection: This is granted when the asylum seeker does not meet the criteria of a refugee, but the government accepts that they would face a real risk of serious harm if they returned to their country of origin. For example, the death penalty, unlawful killing, torture or other inhuman or degrading treatment.
Discretionary leave to remain: This is granted when the asylum seeker does not meet the criteria for refugee status or humanitarian protection, but the government accepts there are exceptional circumstances for allowing the asylum seeker to stay on a temporary basis. Decisions are made on a case-by-case basis.
3. Safeguarding Accommodated Adult Asylum Seekers
An accommodated adult asylum seeker is an adult asylum seeker who has been accommodated by the Home Office under the Immigration and Asylum Act 1999.
The Home office is responsible for ensuring the overall safety and welfare of all asylum seekers that it accommodates, whether in its own premises or in accommodation commissioned through Asylum Support Contracts.
For information about the safeguarding arrangements that should be in place across all settings that accommodate asylum seekers, see Home Office: Asylum support contracts safeguarding framework.
Identifying and reducing risk
As part of the process of arranging accommodation, the Home Office should proactively identify whether the adult asylum seeker has (or may have) any needs or other vulnerabilities that could place them at risk of harm or abuse. Where such needs or vulnerabilities exist, these should be taken into account in any decisions it makes, for example room sharing, additional facilities, transport for medical appointments.
It should work with partner agencies in the local area as required to assess and reduce that risk. This could include, for example, requesting a Local Authority assessment of need.
Responding to a safeguarding concern
Unless there is an immediate risk of serious harm, staff at the accommodation provider should follow internal processes to report the safeguarding concern to the designated person there with responsibility for safeguarding (if there is an immediate risk of harm, the police should be notified using 999).
The designated person should raise a safeguarding adult concern with the relevant agency in line with local processes. For guidance, see: Disclosure and Raising a Concern.
The designated person should also notify the Home Office Asylum Safeguarding Hub of the concerns raised and any advice given:
Email: AsylumSafeguardingHub@homeoffice.gov.uk
The agency responding to the concern should make sure that they involve the Home Office in any safeguarding discussions and meetings.
Where enquiries are to be made under Section 42, the Local Authority should consider appointing the Home Office as the lead organisation.
4. Safeguarding Unaccommodated Adult Asylum Seekers
An unaccommodated adult asylum seeker is an adult asylum seeker who has made their own accommodation arrangements. For example, staying with family or friends.
The Home Office is not responsible for the safety and welfare of adult asylum seekers that it has not accommodated.
Safeguarding concerns about these asylum seekers should be raised in the same way as all other safeguarding adult concerns.
For guidance, see: Disclosure and Raising a Concern.
The agency responding to the concern should notify the Home Office Asylum Safeguarding Hub of the concerns that have been raised and invite them to be involved in any safeguarding discussions and meetings.
5. Safeguarding after the Asylum Decision
Right to remain granted
A right to remain is either refugee status, humanitarian protection or discretionary leave to remain.
If the adult at risk was previously being accommodated by the Home Office, the safeguarding guidance set out in section 3 above applies until they are evicted from the accommodation (30 days). At this point, normal safeguarding processes apply.
If the adult at risk was unaccommodated (for example, staying with family and friends), normal safeguarding processes apply.
Right to remain not granted
If the adult at risk is not granted a right to remain, they will normally be asked to leave the UK.
If they are accommodated by the Home Office (including in an Immigration Removal Centre), the safeguarding guidance set out in section 3 above applies for the duration that they are there. Otherwise, normal safeguarding processes apply.
Migrant Victims of Domestic Abuse Concession
The Migrant Victims of Domestic Abuse Concession (MVDAC) provides a means of accessing benefits and housing assistance for adults at risk who have been granted ‘leave to remain as a partner’ and are victims of domestic abuse. They may be eligible if, after leaving their partner, the adult at risk would otherwise be left without accommodation or funds to meet basic living needs.
For further information, see GOV.UK : Migrant Victims of Domestic Abuse Concession.
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