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Help for sanctuary seekers to understand their rights

Refugee

Someone who has been granted ‘refugee status’ by the UK Government. This may have been through a resettlement scheme or through a successful asylum application. A person given refugee status is normally granted leave to remain in the UK for 5 years.

To qualify for refugee status, you will have to show you have “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country” (United Nations Refugee Convention, 1951).

Refugee Well Housing Project

This is a Welsh Government-funded scheme run by the Welsh Refugee Council. It provides advice and support to refugees during the 28 day ‘move on’ period. The Welsh Refugee Council can help you to access accommodation, bank accounts, social security payments and more during this period.

Find out more about how the Welsh Refugee Council can help you.

Removal

If your asylum application is rejected you will be asked by the Home Office to return to your country of origin voluntarily. If you cannot or will not do so, the Home Office’s Immigration Enforcement teams may try to force you to return by detaining you and then deporting you, in a process known as removal.

Reporting

Most asylum seekers who are not detained are expected to attend a reporting centre or police station on a regular basis. Failing to meet the reporting conditions placed on you by the UK Government could forfeit your right to asylum and lead to your removal from the UK.

Resettlement

The UK Government operates schemes which take refugees directly from camps in other parts of the world and provides protection within the UK. These schemes allow the UK Government to work with UNHCR and others to identify those most in need of help and prevent them making dangerous journeys to the UK. Examples of these schemes include the Syrian Vulnerable Persons Resettlement Scheme and the Vulnerable Children’s Resettlement Scheme.

ReStart: Refugee Integration project

This Welsh Government scheme provides mentoring, employment training and language learning opportunities for refugees in Wales. The project is managed by Cardiff and the Vale College and involves other colleges throughout Wales.

Section 4 Support

The UK Government may provide support to asylum seekers whose initial application and appeals have been rejected. Support under these conditions is known as Section 4 support because section 4 of the Immigration and Asylum Act 1999 provides the UK Government with the power to grant support. More information on how to claim is available here:
https://www.gov.uk/asylum-support/how-to-claim

Section 95 Support

Asylum seekers who are considered to be destitute or about to become destitute can apply for ‘section 95’ support from the UK Government. This support may be only financial support if you have somewhere to stay, or money and accommodation if you do not. Currently (April 2019), asylum support is £37.75 per person per week. To receive accommodation you must agree to be moved to anywhere in the UK, with no choice about where.

Section 98 Support

This is a temporary form of support, whilst the UK Government decides about your application for section 95 support. A decision on an application for section 98 support should be taken within one working day.

Asylum seekers who are considered to be destitute or about to become destitute can apply for ‘section 98’ support from the UK Government. If you receive section 98 support, you will be required to apply for section 95 support.

Section 98 support is usually offered on a full-board basis at an Initial Accommodation centre.

Section 98 support is not available for those awaiting a decision on their application for section 4 support.

Social Services and Well-being (Wales) Act 2014

This law aims to improve the well-being of people who need care or support in Wales. Well-being means a person is happy, healthy and is comfortable with their life and what they do.

The law requires a ‘well-being assessment’ to be carried out to find out the best way to meet your needs. If you are a refused asylum seeker, a well-being assessment may lead to accommodation or other support if your family has been found to require support and withholding that support would breach your human rights.