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Destitution, Asylum and Insecure Immigration Status in Scotland Published in Scotland by the Scottish Parliamentary Corporate Body

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Destitution, Asylum and Insecure Immigration Status in Scotland Published in Scotland by the Scottish Parliamentary Corporate Body Published 22 May 2017 SP Paper 147 3rd Report (Session 5) Equalities and Human Rights Committee Comataidh Co-ionnanachd agus Còraichean Daonna Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland Published in Scotland by the Scottish Parliamentary Corporate Body. All documents are available on the Scottish For information on the Scottish Parliament contact Parliament website at: Public Information on: http://www.parliament.scot/abouttheparliament/ Telephone: 0131 348 5000 91279.aspx Textphone: 0800 092 7100 Email: [email protected] © Parliamentary copyright. Scottish Parliament Corporate Body The Scottish Parliament's copyright policy can be found on the website — www.parliament.scot Equalities and Human Rights Committee Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland, 3rd Report (Session 5) Contents Foreword ______________________________________________________________1 'Hidden lives - new beginnings' ____________________________________________1 Key findings____________________________________________________________3 Introduction ____________________________________________________________5 Approach to evidence gathering ___________________________________________5 Background ____________________________________________________________7 Meaning of terms used __________________________________________________7 Causes of destitution ____________________________________________________8 Destitution and asylum___________________________________________________8 Destitution and insecure immigration status _________________________________10 Conclusion and recommendations_________________________________________10 Number of people who are destitute _______________________________________13 Conclusions and recommendation_________________________________________14 Impact on human dignity, health and wellbeing _____________________________15 Increased risk of exploitation _____________________________________________15 No recourse to public funds ____________________________________________15 Conclusions and recommendations ______________________________________16 Impact on health and wellbeing ___________________________________________17 Access to healthcare ___________________________________________________18 Transmittable diseases _______________________________________________18 Mental health _______________________________________________________19 Maternity services ___________________________________________________20 Conclusion and recommendations_______________________________________21 Current devolved response to destitution __________________________________23 Syrian Vulnerable Persons Resettlement Programme (VPRP) ___________________23 Conclusion and recommendation _________________________________________24 Integration of refugees__________________________________________________24 Recommendation______________________________________________________25 Funding to tackle destitution _____________________________________________25 Local authority funding ________________________________________________25 Conclusion and recommendations_______________________________________26 Provision of support by non-government organisations ______________________27 Recommendation ____________________________________________________28 Crisis fund for destitute people__________________________________________28 Equalities and Human Rights Committee Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland, 3rd Report (Session 5) Recommendations ___________________________________________________28 Local authorities and no recourse to public funds ___________________________29 Guidance for local authorities on NRPF ___________________________________29 Recommendation ____________________________________________________30 Unaccompanied asylum-seeking children ___________________________________30 Age-disputed children __________________________________________________31 Looked-after status ____________________________________________________32 Implementation of child protection legislation ________________________________33 Children (Scotland) Act 1995 ___________________________________________33 Recommendations ___________________________________________________34 Destitution and human rights _____________________________________________35 Human rights assessments ____________________________________________35 Human rights challenges ______________________________________________36 Recommendations ___________________________________________________36 Advocacy support _____________________________________________________36 Recommendations_____________________________________________________38 Increasing levels of destitution ___________________________________________39 Wider dispersal of asylum seekers ________________________________________39 Recommendation______________________________________________________40 Immigration Act 2016___________________________________________________40 Conclusion and Recommendation_________________________________________41 Annex A ______________________________________________________________43 Annex B ______________________________________________________________45 Bibliography___________________________________________________________49 Equalities and Human Rights Committee Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland, 3rd Report (Session 5) Equalities and Human Rights Committee To consider and report on matters relating to equal opportunities and upon the observance of equal opportunities within the Parliament (and any additional matter added under Rule 6.1.5A). In these Rules, “equal opportunities” includes the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds or on grounds of disability, age, sexual orientation, language or social origin or of other personal attributes, including beliefs or opinions such as religious beliefs or political opinions. Human rights, including Convention rights (within the meaning of section 1 of the Human Rights Act 1998) and other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom. http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/ Equalities-Human-Rights-Committee.aspx [email protected] 0131 348 6040 Equalities and Human Rights Committee Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland, 3rd Report (Session 5) Committee Membership Convener Deputy Convener Christina McKelvie Alex Cole-Hamilton Scottish National Party Scottish Liberal Democrats Jeremy Balfour Mary Fee Scottish Conservative Scottish Labour and Unionist Party Gail Ross David Torrance Scottish National Party Scottish National Party Annie Wells Scottish Conservative and Unionist Party Equalities and Human Rights Committee Hidden Lives - New Beginnings: Destitution, asylum and insecure immigration status in Scotland, 3rd Report (Session 5) Foreword 'Hidden lives - new beginnings' According to the UNHRC, the UN Refugee Agency, we are now witnessing the highest levels of displacement of people on record. In 2015, 34,000 people are forcibly displaced every day as a result of conflict or persecution. An unprecedented 65.3 million people around the world have been forced from home. Among them are nearly 21.3 million refugees, over half of whom are under the age of 18. There are also 10 million stateless people who have been denied a nationality and access to basic rights such as education, healthcare, employment and freedom of movement. Fifty-three per cent of refugees come from Syria, Afghanistan and Somalia. More than a million migrants and refugees crossed into Europe in 2015, sparking a crisis as countries struggled to cope with the influx. Scotland has made a significant contribution to the Syrian Vulnerable Persons Resettlement Programme and welcomed over a hundred unaccompanied children. It is time to evaluate how we approach the issue of destitution for people who are seeking asylum and aren’t part of the resettlement programmes, or who have insecure immigration status and, due to a change in their circumstances, find they have No Recourse to Public Funds. For many people going back to their home country is not a choice, being destitute is preferable to being imprisoned, tortured or killed. We spoke to people who are living with the effects of trauma and through their courage heard their real-life stories of struggle and pain. Some had experienced abuse, torture and exploitation and fled to find protection in the UK only to become destitute and vulnerable again. Destitution is harmful. It further traumatises people, makes them more vulnerable to exploitation and increases health issues – this is not acceptable in a modern, welcoming Scotland. Our report won’t change what has happened to them, but we can address how they are treated in Scotland going forward - by refocusing what is in our control - our compassionate response to destitution. We know we can’t solve destitution outright, but we can make progress minimising its effects to give people the best chance of finding their new life, whether this is in Scotland or back in their home country when they're able. There is a lot to be gained from tackling destitution: • People will be spared the harmful effects of being trapped in
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