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Claimants sleeping in bins and bus shelters as effects of section 55 bite

Posted: 15 January 2004 | Subscribe Online


Asylum seekers are sleeping in rubbish bins, telephone boxes and bus shelters as a result of legislation introduced last January.

Early findings from the first detailed survey on the impact of section 55 of the Nationality, Immigration and Asylum Act 2002 show that more than three-quarters of agencies working with asylum seekers have seen clients sleeping rough as a result of the clause.

Maeve Sherlock, chief executive of the Refugee Council, said it had placed "an intolerable and unsustainable burden on refugee communities" who were trying to fill the gap in services but who "cannot and should not be expected to pick up the pieces of what is an inhumane piece of legislation".
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Last month, 130 organisations responded to the Refugee Council's survey on the clause, which denies welfare support to those who fail to claim asylum "as soon as reasonably practicable". Almost 7,500 asylum seekers were refused support under section 55 between January and September 2003.

More than half of respondents said they or others in their profession had had to provide emergency shelter for asylum seekers. Seventy per cent of those had put up people in their own homes.

The survey also found that two-thirds of organisations had given emergency provisions or money for essential items to asylum seekers. Yet almost 90 per cent said they did not have funding to cover the cost of the services they provided to asylum seekers denied support by the clause.
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Last month, home secretary David Blunkett extended the time within which asylum seekers should make their applications from 24 hours to three days, on the condition applicants could provide "an honest appraisal of how they reached the country and how long they have been here".

Although the Refugee Council welcomed the extension, Sherlock warned that asylum seekers needing support would still be at risk of destitution because some might not know they had to apply for asylum immediately or might be unable to apply at a port.

The council has joined more than 20 organisations calling for section 55 to be repealed.

A full report of the survey's findings is expected next month.


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