Seeking Refuge? - Rights of Women
Seeking Refuge? - Rights of Women
Seeking Refuge? - Rights of Women
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The only exception to this is if you have children<br />
who are under 18 and who lived with you when<br />
your application and appeals were decided.<br />
Families in this position will continue to receive<br />
asylum support under section 95 <strong>of</strong> the<br />
Immigration and Asylum Act 1999.<br />
If you have been refused asylum and have<br />
exhausted your rights to appeal, you are expected<br />
to take steps to return to your country. If,<br />
however, you cannot return home, you may be<br />
entitled to support under section 4 <strong>of</strong> the<br />
Immigration and Asylum Act 1999. You may also<br />
be entitled to section 4 support if you make a<br />
fresh claim for protection in the UK. For further<br />
information about fresh claims, see Chapter 10.<br />
Am I entitled to section 4<br />
support?<br />
Support is available for some asylum-seekers who<br />
have had their application refused, under Section<br />
4 <strong>of</strong> the Immigration and Asylum Act 1999.<br />
However, there are strict requirements that you<br />
must meet in order to qualify for support.<br />
You must be destitute and satisfy one <strong>of</strong> the<br />
following:<br />
• You are taking all reasonable steps to leave<br />
the United Kingdom or putting yourself in a<br />
position to do so. This means that you must<br />
apply for a travel document and sign up with<br />
the International Organisation for<br />
Migration for voluntary return to your country.<br />
If you cannot return home for a reason that is<br />
outside <strong>of</strong> your control, for example, because<br />
your country will not give you a travel<br />
document, you should qualify for support.<br />
• You are unable to leave the UK because <strong>of</strong> a<br />
physical barrier to travel or for a medical<br />
reason. An example <strong>of</strong> this would be a woman<br />
in the late stages <strong>of</strong> pregnancy or with a baby<br />
under six weeks old. If you have another<br />
medical condition that prevents you from<br />
getting on a plane, you will need to provide<br />
medical or other evidence which proves or<br />
confirms this.<br />
• You have applied for a judicial review <strong>of</strong> your<br />
application for asylum and been given<br />
permission from the court to proceed with it.<br />
Again, you will need evidence <strong>of</strong> this, so talk to<br />
your solicitor or immigration advisor.<br />
• You need accommodation to prevent a breach<br />
<strong>of</strong> your rights under the Human <strong>Rights</strong> Act<br />
1998. This normally only applies to people who<br />
have made a fresh claim. However, there are<br />
other exceptional reasons why a person may be<br />
able to get support, so seek advice if you think<br />
that your rights may be breached by not being<br />
given financial support.<br />
• You are unable to leave the UK because the UK<br />
Border Agency believes there is no safe route<br />
available. There are currently no countries to<br />
which this applies.<br />
Changes to section 4 support<br />
for people who are taking all<br />
reasonable steps to leave the<br />
UK<br />
From 8th June 2009, the UK Border Agency<br />
implemented a new policy for dealing with<br />
applications for section 4 support on the basis<br />
that the person applying is taking all reasonable<br />
steps to leave the UK. From this date, the UK<br />
Border Agency has said that it will only pay<br />
section 4 support to people who are taking<br />
reasonable steps to leave the UK for three<br />
months. Once this three month period has<br />
ended, the person’s case will be reviewed, and<br />
they will only get further support in exceptional<br />
circumstances, such as if there was a legitimate<br />
reason which prevented them from leaving the UK<br />
during the three month period. This new policy<br />
may be unlawful and may be challenged. If you<br />
are receiving section 4 support on the grounds<br />
that you are taking all reasonable steps to leave<br />
the UK, and if your support is stopped after three<br />
months, you should seek advice on asylum<br />
support law as soon as you can.<br />
How will my support be paid?<br />
Section 4 support is self-catering accommodation<br />
with £35 per week paid in supermarket vouchers<br />
or on a voucher card. You can find out where you<br />
can use your vouchers, and on what, by looking<br />
here:<br />
www.ukba.home<strong>of</strong>fice.gov.uk/sitecontent/docum<br />
ents/asylum/vouchers.pdf<br />
In some areas <strong>of</strong> the UK, section 4 support is paid<br />
using a payment card called Azure. The card will<br />
replace supermarket vouchers in these areas and<br />
should enable women who have it to buy things<br />
in a wider range <strong>of</strong> shops. The cards look like<br />
credit cards and do not say anywhere on them<br />
that they have been given to you by the UK<br />
Border Agency. They are automatically topped up<br />
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