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Home Office policy on asylum seekers ruled unlawful

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Home Office policy on asylum seekers ruled 'unlawful'

A Home Office policy designed to speed up the deportation process for some asylum seekers has been overruled by the High Court.

Mr Justice Silber ruled that a so-called exceptions policy introduced in March 2007 and extended in January 2010 was "unlawful", as it provided "little or no notice" of removal to particular asylum seekers.

Currently, the Home Office gives rejected asylum seekers 72 hours notice before they are given official instructions to leave the country. However, the exceptions policy gave UK Border Agency officials the right to escort certain asylum seekers to flights out of the country within a few hours of being detained.

The exceptions policy included asylum seekers at risk of suicide or self-harm, as well as unaccompanied children who may run away because legally they cannot be detained in an asylum seeker centre.

Medical Justice, the independent medical and legal asylum seekers advisory body who brought the case, argued that the exceptions policy is unjust, as asylum seekers detained under it were not given the chance to meet with a lawyer before being removed from the UK.

However, in making his ruling Justice Silber granted the Home Office permission to appeal, and a spokesperson for the department confirmed that it would.

The spokesperson said: "The government remains committed to removing individuals with no right to be in the UK as quickly as possible."

Russian asylum seeker family 'died by suicide'

A recent case which highlights the issue was that of three Russians who took their own lives in Glasgow earlier this year. Serguei Serykh, 43, his wife Tatiana and Mr Serykh's stepson Stepan, 19, were found dead at the Red Road tower blocks in Springburn, Glasgow, on March 7th.

It has been suggested by newspapers and some charities that a contributory factor in the deaths may have been the rejection of the family's immigration application by UK authorities.

The family arrived in the UK in 2007 and had been living in the tower block since February 2nd 2010 while their application was processed.

However, following an official rejection they were informed that they would have to leave the country, although no official removal order was issued.

Following a funeral service for the family held in June, Robina Qureshi, director of the charity Positive Action in Housing, told the BBC: "We believe the UK asylum policy had a part to play in the deaths of the Serykhs."

Positive Action in Housing wrote to the Lord Advocate Elish Angliolini following the deaths calling for an inquiry to be conducted, but no such investigation has as yet been confirmed, the broadcaster reports.

Research on asylum seekers and suicide

A study entitled Safe in our Hands? A Study of Suicide and Self-Harm in Asylum Seekers, led by Juliet Cohen, head of medical services at the Medical Foundation for the Care of Victims of Torture in London, examined the issue in detail.

Researchers studied incidences of suicide and self-harm among people seeking asylum in the UK, including those held in detention centres and living within local communities.

The report argued that there is a "routine failure to observe and mitigate risk factors" affecting asylum seekers, suggesting that more could be done to help tackle the risk of suicide.

Further to this, it recommended that health care facilities in immigration removal centres be required to meet at least UK prison standards, and that interpreters be used when needed in mental health assessments for asylum seekers.

Ms Cohen concludes: "It is clear from this study that government institutions are failing in their duty of care to those who have sought refuge in this country."

Samaritans

If you are experiencing suicidal thoughts or emotional distress, you can call Samaritans for support 24 hours on 08457 90 90 90 (UK) and 1850 60 90 90 (ROI), or email at jo@samaritans.org, or face to face - visit http://www.samaritans.org/ for your nearest branch.