THE North West Migrants Forum is urging its members and service users to be aware of a recent change in the law which means that the Home Office can more easily ‘conclude’ asylum applications by treating them as withdrawn.
Asylum claims are normally granted or refused. But there is also provision for the Home Office to treat an asylum claim as ‘withdrawn’.
Asylum claims can be treated as withdrawn in two ways – ‘Explicit withdrawal’ where the applicant notifies the Home Office that they no longer want their asylum claim to be examined.
And secondly ‘implicit withdrawal’ which occurs when the Home Office decides to treat a claim as withdrawn based on the applicant’s conduct.
Until recently, asylum claims were only treated as implicitly withdrawn where the applicant:
- Leaves the United Kingdom – without authorisation – at any time before the conclusion of their application for asylum.
- Fails to complete an asylum questionnaire as requested by or on behalf of the Secretary of State.
- Fails to attend a personal interview, unless the applicant demonstrates within a reasonable time that that failure was due to circumstances beyond their control.
But as of this month the circumstances in which claims are treated as withdrawn were widened to include where the applicant:
- Fails to maintain contact with the Home Office or to provide up-to-date contact details.
- Fails to attend reporting events unless due to circumstances outside the applicant’s control.
According to the Law Centre NI there has been a significant increase in the number of asylum applications being treated as withdrawn in a very short period of time. They say concerns are growing that this practice may be an intentional way for the Home Office to reduce the asylum backlog.
The Law Centre said that asylum seekers regularly change their phone numbers to avail of free or cheap sim-card deals. Likewise, on occasion people do not attend reporting events for example due to sickness, caring responsibilities or due to important health appointments or exams. And practically it can be difficult to report changes in circumstances with staff often facing long waiting times when trying to contact Migrant Help by telephone.
Director of the North West Migrants Forum, Lilian Seenoi Barr, said that in light of the changes to the law, it is vital that people understand and take notice of the new rules.
“Chief among our concerns would be that the new rules provide easy justification for the Home Office to treat asylum applications as withdrawn,” Ms Seenoi Barr said.
“In light of the new legislation it is crucial that those seeking international protection understand and abide by the new requirements. Specifically, asylum seekers are now required to maintain contact with the Home Office and to provide up-to-date contact details.
“The North West Migrants Forum will continue to advise and assist where possible and if we can help any of our clients, members and service users to understand the new requirements then we are more than happy to do so.”
The North West Migrants Forum can be reached on 02871 362184 or 07912295771. Also via WhatsApp or social media.
(Main photo source: homeofficemedia.blog.gov.uk)