Commission recommends mosr returns should be voluntary, not forced
The UK Border Agency has inherited a system for dealing with this that ...does not yet pass key tests of practicality, effectiveness, public confidence, and – of course - humanity.
Rt. Hon Sir John Waite
Rt. Hon Sir John Waite
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Among the solutions proposed as part of the ‘New Deal for Safe and Sure Returns’ the Commissioners recommend making most returns voluntary rather than forced, and encouraging voluntary return by continuing to improve initial asylum decisions, front-loading legal advice, and developing a new ‘compact’ between the UK Border Agency and each asylum seeker setting out rights and responsibilities - and the implications of a refusal - at the start of the asylum process. If refused asylum seekers feel they have been properly represented and have had a fair hearing they will be more likely to accept refusal and return voluntarily.
The Safe Return report suggests that making refused asylum seekers destitute actually decreases the likelihood of their returning home voluntarily, and recommends that basic support should be provided along with greater involvement of the voluntary sector in preparing people for voluntary return. As a quid pro quo for ending destitution, the Commissioners argue that the UK Border Agency should exercise much closer control of the process of managing asylum seekers after their appeal has been refused, and should ensure that forced return is a credible sanction rather than a remote threat.
And the Commissioners recommend that returns can be made more sustainable by introducing pre-removal assessments to check for protection needs and any barriers to return, and selective post-return monitoring to check on the safety of those returned. As the final element of the ‘New Deal for Safe and Sure Returns’, the Commissioners urge the government to allow refused asylum seekers who cannot return through no fault of their own – such as Zimbabwean opponents of Mugabe, or Darfuris from Sudan – to be allowed a temporary, time-limited and revocable permit to work after six months so that they can support themselves until the situation changes and they can return. The Commission's Public Attitudes Research Project found strong public support for the idea that asylum seekers should be able to make a contribution to the UK economy and its opinion poll found that 48 per cent of respondents either agreed or strongly agreed that ‘if an asylum seeker has their claim refused but cannot return home through no fault of their own, they should be allowed to work on a temporary basis’, against 38 per cent who disagreed.
Rt. Hon Sir John Waite, one of the two Co-Chairs of the Commission and a former Judge of the High Court said: “The scale and complexity of the issue is considerable – we are talking about hundreds of thousands of people. The UK Border Agency has inherited a system for dealing with this that has serious weaknesses and that, despite some recent reforms, does not yet pass key tests of practicality, effectiveness, public confidence, and – of course - humanity.”
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