1. The Immigration Bill and Asylum Support What does it all mean for people seeking refugee protection? Emma Birks & Lorna Gledhill Regional Asylum Activism @lornakgledhill @RAAWestMids

2. What is RAA? Coordinated nationally by Student Action for Refugees. Work in 3 regions: North West, Yorkshire and Humberside, and the West Midlands. We want to inform and shift attitudes about asylum seekers and refugees, and Campaign for positive change to the asylum system. Current campaign focus on destitution issues, access to healthcare, permission to work and European Refugee Crisis.

3. Who are you? Speak to the person next to you for 5 minutes. You need to find out their name, where they work, and one interesting fact. You’ll be introducing them back to the group, so make sure you’re listening!

4. Asylum Support Consultation, August 2015 Immigration Bill makes significant changes to the Immigration and Asylum Act 1999 Changes support mechanisms for refused asylum seeking families and single adults both in Home Office and Local Authorities Home Office consulted on the issue in August 2015 and received 850 responses Proposed one channel of financial support for destitute refused asylum seekers (S95a) and remove automatic right to support for refused asylum seeking families. Removed right of appeal for a refusal to provide support

5. Asylum Support Consultation and Local Authorities Consultation specifically requested responses from Local Authorities HO stated that new proposals should not create an extra burden for local authorities Previous pilot in 2004/5 had impacted disproportionately on local authorities, including questions around breaches of the Children Act 1989 and the Human Rights Act 1998. Local authorities were very critical of the proposed changes to asylum support for destitute families.

6. The Immigration Bill 2015 / 2016 “To crack down on abuse and build an immigration system that truly benefits Britain – by deterring illegal migrants from coming and making it harder for those already here to live and work in the UK.” James Brokenshire, Minister for Immigration Director Labour Market Enforcement Illegal working offence Right to Rent Further restrictions on banking & driving Increased powers to remove those without status Increased powers for UKVI to target vessels in UK waters English language skills in customer-facing public sector jobs ‘Immigration Skills Charge’

7. Main Challenges from Lobby Groups Language of the consultation Restriction of access to support for refused asylum seekers Removal of right of appeal against S95a refusal Impact on local authorities and redistributing costs Safeguarding children and vulnerable adults Will not result in increased returns or removals

8. Asylum Support: What Was Won and What Was Lost? Schedule 9: Local Authority Support 90 day transition period for refused families Affirmative procedures on Schedule 8 and Schedule 9 regulations  No right of appeal against S95a refusal  No automatic right to support for families with dep. children  Restrictions on Children Act 1989 to prevent LAs providing support to certain categories of children  Only 21 day grace period for single adult refused asylum seekers

9. Other Amendments: What Was Won and What Was Lost? Relocation of unspecified number of child refugees from Europe 72 hour time-limit on the detention of pregnant women Review into 28 day grace period for new refugees  Permission to Work  Increase asylum support rates to 70% of Income Support  Time-limit on detention  Judicial oversight of detention

10. So what does the Bill look like now? The Bill finished ‘ping-pong’ between the House of Commons and Lords on the 9 th May 2016. It should receive Royal Assent and become the Immigration Act 2016 by the end of this week. Law will be supported by regulations and guidance.

11. Impact on Asylum Support Section 95 support will not be affected Section 95 decisions will be appealable when they deny support for reasons of destitution or breach of conditions Section 4 support will be abolished Ongoing Section 95 support for families will cease. New Section 95a support will be established

12. Section 95a: Single Adults Section 95a support is available to adults who are destitute and have a ‘genuine obstacle’ to leaving the UK Single adults have to apply within the 21 day ‘grace period’ after refusal No right of appeal on refusal of support The only other support available will be Section 95 support if: 1.They have made further submissions 2.They have been granted permission to proceed with a judicial review challenging a refusal of further submissions.

13. Section 95A: Families with dependent children After families are refused (ARE) they will no longer be eligible for Section 95 support Section 95A support will be available to families are who destitute and have a ‘genuine obstacle’ to leaving the UK. They must apply within 90 days ‘grace period’ after refusal. No right of appeal on refusal of support. After the 90 day grace period section 95a support will be no longer available to families.

14. Para 10a Support : Families with dependent children They will no longer be entitled to support from local authorities under Section 17 of the Childrens’ Act solely because they are destitute Local authorities will be allowed to provide support to these families in certain circumstances under Para 10a support The Home Office wants local authorities to apply case law which states that families can avoid destitution by returning to their home country. The Home Office has also made it clear that local authorities have no obligation to support those without any immigration status.

15. Leaving care support under the Childrens’ Act 1989 Former looked after children who have been refused asylum, when they turn 18 will be excluded from receiving support under the Childrens’ Act No other support will be provided an they are only eligible for Section 95 support under the same conditions as single adults

16. What are we still worried about? Insufficient safeguards for vulnerable destitute children Legal and emotional pressure on local authorities and workers No right of appeal against Section 95a refusal Tight grace period for single adults to apply for Section 95a Insufficient safeguards for pregnant refused asylum seekers Additional knock-on affects on eligibility for free healthcare Impact on the voluntary sector

17. And what can we fight for?

18. Emma Birks: westmidlands@regionalasylumactivism.org Lorna Gledhill: yandh@regionalasylumactivism.org westmidlands@regionalasylumactivism.org yandh@regionalasylumactivism.org