Statements on Afghanistan - Status Now 4 All

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See below: 29 August 2021: StatusNow4All: Living Precariously or Health and Safety for All – a call for Indefinite Leave to Remain now

Updated 4 September 2021: Worth knowing: DLA Piper are hosting a scheme supported by ILPA where over 400 volunteer lawyers are taking on pro bono cases of people needing to get out of Afghanistan. Email is projecta@dlapiper.com

i : Hundreds of lawyers team up to help Afghans flee Taliban – and navigate complex refugee systems in the West

The government’s naming of its Afghan resettlement scheme ‘Operation Warm Welcome’ is ‘cynical’ given other obstacles, organiser warns

Nearly 400 lawyers and immigration professionals have teamed up with one of the world’s biggest law firms to form a new group to help people trying to flee Afghanistan, i can reveal.

The group, which is yet to be formerly named but operates as the Afghan Immigration Group, was founded by a clutch of UK asylum lawyers in an attempt to share information and work co-operatively to assist as many people as possible left in danger since the West withdrew from Afghanistan and the Taliban seized power.

In an exclusive interview with i, UK asylum lawyer Allan Briddock, one of the network’s founders, called the government’s naming of its Afghan resettlement scheme “Operation Warm Welcome” as “cynical”, and part of a “PR campaign” due to the parallel move by the Home Secretary to introduce new asylum laws that would further criminalise refugees fleeing to Britain in a boat or lorry.

3 September 2021: Operation Warm Welcome under way to support Afghan arrivals in the UK

Arrivals under Afghan Relocations and Assistance Policy will be given immediate indefinite leave to remain, alongside funding for school places and healthcare.

Afghan Resettlement Minister Victoria Atkins said:

Operation Warm Welcome is a huge effort across government to make sure that those fleeing Afghanistan are able to make a success of a new life in the UK.

The stability of indefinite leave, the security of access to healthcare and the opportunity of education are the foundation upon which those resettled to the UK can build.

3 September 2021: Independent: The Independent is calling for the UK to take in more refugees from Afghanistan

The Independent has launched a petition urging the UK government to be more ambitious in its plans to take in Afghan refugees following the Taliban seizing power and withdrawal of western troops.

Our Refugees Welcome campaign backs calls by charities for Downing Street to re-settle those who fear for their lives under the Taliban regime.

We are asking you to sign our petition urging Boris Johnson to offer sanctuary to as many Afghans as possible and for local authorities and charities devoted to their welfare to be given proper support.

29 August 2021: StatusNow4All: Living Precariously or Health and Safety for All – a call for Indefinite Leave to Remain now

The asylum system is broken: there is a backlog of around 70,000 asylum applications which the newly arriving current Afghan applicants are expected to join. On 16 August 2021 the Home Office suspended its decision-making processes relating to asylum applications made by people from Afghanistan by withdrawing that country’s policy and guidance. It is a gross miscarriage of natural justice to suspend legal process for those waiting for decisions or appeal hearings or in detention when a simple decision could immediately be put into effect – a grant of Indefinite Leave to Remain.

This is why StatusNow4All calls for ALL those who do not have settled status to be given Leave to Remain. It is imperative for the Government to exercise its authority immediately by granting Indefinite Leave to Remain (ILR) and the right of access to Family Reunion as a matter of urgency to all people from Afghanistan who are currently in the UK. With political will, this can be done: nothing less than ILR will give people equitable access to healthcare, housing and food.

We note that, to some degree, this call echoes those made in parliament, also by legal advisors, and across the media where there is mention of an ‘amnesty’, or limited leave. We note that Immigration Rules 354-356 (Part 11A) allow for Temporary Leave to be given in certain circumstances. Twenty years ago Exceptional Leave to Remain (ELR) was applied to many people who, ultimately, were granted ILR.

Alongside the newly arriving people from Afghanistan there are very many others, from all over the world, who have been in ‘limbo’ – as in a condition of prolonged uncertainty or neglect – for years as they wait for decisions, alongside others who have been cast there because of serial failures in the handling of their legal application processes over decades and more.

This is why there are an estimated 1.5 million people in UK without any form of immigration status. These are people without equitable access to housing, healthcare and food and the personal physical safety that these resources create.

This is why we call for #StatusNow4All #HealthandSafety4All.

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Relevant links:

GOV.UK (www.gov.uk) Afghanistan: country policy and information notes

16 August 2021: Removal of all Afghanistan country policy and information notes, apart from “medical and healthcare provision: Dec 2020”.

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28 August 2021: BBC: Afghanistan: Final UK troops leave Kabul

What happens to Afghan refugees coming to the UK?

Arrivals on official flights enter a 10-day Covid quarantine in a hotel
Government officials and local authorities are trying to find them permanent homes
A shortage of suitable accommodation means many will be placed in hotels
Some will get refugee status and can live in the UK permanently
Others will get a five-year visa to live and work in the UK – and can then apply for permanent residence
Afghans arriving independently will enter the normal system for asylum claims – which has a backlog of 70,000 people
These people cannot settle, or work, while their claims are considered

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24 August 2021: Letter from ILPA and the Afghanistan and Central Asian Association

ILPA and the Afghanistan and Central Asian Association, have written to the government setting out actions required to facilitate the effective evacuation, resettlement and immediate protection of Afghan citizens. Please see below.

7. Grant protection to Afghan nationals living in the UK and ensure no returns Equally pressing is the treatment of Afghan nationals currently in the UK who will already be experiencing unimaginable suffering, worrying about their family members in Afghanistan and the fate of their country. Afghans with pending asylum applications should be granted refugee status and access to family reunification immediately. The Home Office should also proactively concede Afghan asylum and human rights appeals pending before the First-tier Tribunal (Immigration and Asylum Chamber), notify the President of the First-tier Tribunal of this position in response to his encouragement of an early indication of the Home Office position on appeals generally

8. The Home Office must also undertake not to adjourn pending asylum appeals and ensure that these are heard without delay where status cannot otherwise be conceded. For those living in the UK without status or who are appeals rights exhausted, their asylum/protection claims should be urgently reconsidered and at the very minimum a grant of limited leave to remain with the right to work made pending the final resolution of their claims. We would request a facility enabling people to contact the Home Office by email. The ability to submit fresh claims by email should also be reinstated for this group. Return to Afghanistan is not feasible and we therefore ask for a commitment to the ending of returns to Afghanistan for the foreseeable future. Since no safe returns are possible, Afghan nationals held in immigration detention must be immediately released.

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26 August 2021: Pink News: Gay man who fled Afghanistan aged 10 told by Home Office he could be sent back (pinknews.co.uk)

A gay man has been told by the Home Office he could be removed to Afghanistan.

Bella Sankey, director of Detention Action, revealed on Wednesday (25 August) that they are working with an undocumented gay Afghan called Ahmad, who has spent the last eight months in detention in the UK.

Ahmad, 29, has been living in the UK since he was just 10 years old, when he arrived as an unaccompanied minor – but he remains in detention and was told just last week that his removal to Afghanistan is “pending” by the Home Office.

The letter was issued despite the fact that the Taliban has seized control in Afghanistan, according to The Times. The extremist military group is known for its harsh approach to women, LGBT+ people and countless others. Under its strict approach to Sharia law, gay men could be stoned to death or crushed by towering walls as punishment for their sexuality.

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18 August 2021: Afghanistan – Hansard – discussion in UK Parliament

Ian Blackford: I will make some progress before giving way again.

We have just had it demonstrated that the hostile attitude and approach to refugees truly exists and extends to those from Afghanistan. Since the most recent conflict began, in 2001, the Home Office has rejected asylum for 32,000 Afghans, including 875 girls. The total number of Afghans in the system stands at 3,117, so if we are to have any confidence that this is a turning point, this UK Government need to rethink radically how they respond to the refugee crisis unfolding before our eyes.

Yvette Cooper: Again, I urge the Government to work urgently with the agencies on the ground, which can identify straightaway the people who are at most at risk, and to recognise the position of those who are currently here, whose applications for asylum may have been turned down before circumstances escalated. Please can those cases be urgently reviewed rather than refused on out-of-date grounds?

Caroline Lucas: call on the Home Secretary today to abandon the resettlement-only plans set out in the Nationality and Borders Bill, which would criminalise, or deny full refugee status to, those who make their own journeys to seek asylum in the UK. I call on her to grant immediate asylum to Afghans already waiting for status in the UK, release all Afghan nationals from detention, and urgently expand the family reunion route so that Afghans can be joined by other members of their family, including siblings and their parents. I was contacted by a constituent who used to work for the EU delegation in Kabul and whose siblings all worked for allied forces. He has asylum here in the UK and his siblings have asylum elsewhere, but his mother is left alone, desperate and very much a target. We absolutely need to widen the family reunion rules.

Stella Creasey: Numbers matter less than need. We need to reject this artificial distinction between resettlement and asylum. I am pleased to hear the Prime Minister commit not to send people back, but I hope the Home Secretary was listening, because the same Ministers who proudly boast about stopping boats forget to tell us that it is Afghans on those boats—people who have been fleeing this situation.

Zarah Sultana: the Afghan asylum seekers who are already here must be provided with an unconditional amnesty

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17 August 2021: Colin Yeo: I’m hearing the Home Office is applying to adjourn Afghan asylum appeals and, so far, the immigration tribunal is saying ‘no’. Personally, I can’t see any reason or benefit to adjournments. Job of the Home Office and judge is to decide cases as facts stand on day of decision. https://twitter.com/ColinYeo1/status/1427578563444760595?s=20

See also the StatusNow statement uploaded 18 August 2021: We Need Practical Resources that Enable Positive Acts of Compassion with Everyone who Needs Them

Updated 26 August 2021: The Independent – Priti Patel urges Afghans not to flee to UK and instead wait for safe routes – but fails to outline plans

Priti Patel is under pressure to outline how the Home Office will offer safe routes to the UK for Afghans fleeing the Taliban after she said they should not attempt to reach Britain via unauthorised means.

The home secretary told reporters on Thursday that the government wanted to “avoid” Afghans crossing the Channel with people smugglers and pledged to ensure that those who do not manage to escape from their country can be resettled in Britain.

But campaigners said there were “still many questions” about how these routes would be implemented and warned that Ms Patel’s approach “failed to recognise the reality of conflict and persecution”, warning that many Afghan refugees will have already set off to reach the UK.

Updated 24 August 2021: The Independent – Hundreds of Afghans in refugee camps waiting more than a year for UK to fulfill resettlement promise

Hundreds of Afghans who were promised resettlement in Britain more than a year and a half ago are still in refugee camps waiting to be transferred to the UK.

The Home Office is coming under pressure to transfer around 200 Afghan refugees whom it accepted before March 2020, but whose cases were put on hold due to the coronavirus pandemic.

Last week, the department announced that it would introduce a new Afghan resettlement scheme that would offer sanctuary to 5,000 people from the country in the first year, and 20,000 in the “long term”.

But the UN Refugee Agency (UNHCR), which aids global resettlement, told The Independent it was concerned that the scheme would mean a further delay for hundreds of already displaced Afghans, and hundreds more refugees from other parts of the world who had been informed they would be resettled in Britain but have been left in limbo.

The Guardian – Afghan refugees need help now, not in a few years. Britain’s asylum system is shameful

Horrifying scenes are unfolding in Afghanistan. Taliban forces are reportedly going door to door, making blacklists of anyone who has worked with the former government. Even if Britain had not played a part in what’s unravelling right now, we would have a moral duty to act.

In this context, announcements from some UK regional leaders that they will accept Afghan refugees are welcome. But a years-long wait for resettlement cannot be the only protection we offer. The events unfolding in Afghanistan, with people forced to flee without a moment’s notice, show what it means to become a refugee and call into question an already rotten asylum system, which is due to go from bad to worse if the government’s new borders bill is passed.

The bill creates a discriminatory two-tier asylum system which falsely differentiates between “good” and “bad” refugees based on how they entered the UK. Instead of assessing need, the government plans to look at refugees’ means of arrival. Anyone found “guilty” of arriving by boat or other means without prior permission (ie the vast majority of people seeking asylum), for example, could be criminalised and face up to four years in prison.

Updated 22 August 2021: The Guardian: UK plans offshore asylum centres in Pakistan and Turkey for Afghans

Britain plans to establish offshore asylum centres for Afghan refugees in countries such as Pakistan and Turkey, as ministers admit that the UK will not be able to rescue those eligible for resettlement before troops leave Kabul.

The defence secretary, Ben Wallace, said in a newspaper article on Sunday that the UK planned to establish a series of processing hubs across the region outside Afghanistan, for Afghans it had “an obligation to”.

At least 1,429 Afghans have been evacuated from Kabul since last Friday, as part of the Arap relocation scheme designed to help interpreters and others who have helped the British during their 20 years in Afghanistan.

But it is estimated that a similar number – or more – remain in the country. The emergency airlift was continuing on Sunday, with RAF flights operating despite a crush at the airport gates as desperate Afghans try to flee.

From a number of members of the Quaker Asylum and Refugee Network Steering Group:: Responding to the urgency of the situation in Afghanistan

We understand the urgency of the situation for those fleeing Afghanistan, and also those already in UK who are in the asylum process, or living in the hidden economy without papers at this time.

The situation also provokes us to act, and thoughts in Meetings are turning to offering sponsorship to those who will be brought to UK having been assessed as very vulnerable under the scheme put in place by the UK Government.

[…] In many places in UK, there will be people from Afghanistan living under the radar because their cases have not been approved. Please pressure your MP to appeal for the Government to grant them settled status now.

ITV – Afghanistan: How many asylum seekers and refugees live in Wales and is there a duty to take in more?

The situation in Afghanistan has dominated the headlines this week, as the Taliban has effectively taken over the country at a speed that has taken the entire world by surprise.

Pictures coming out of the country have shown desperate scenes with people scrambling to flee from what many observers believe will be the implementation of a strict and punitive Taliban rule.

While Afghanistan has effectively fallen, a political debate has ignited here in the UK over whether or not there is a moral obligation to help those fleeing Taliban persecution, particularly those Afghans who assisted British and Western forces during the fight against the insurgents.

Immigration and asylum matters are reserved for the UK Government but, with the UK Government planning to take in 20,000 Afghan refugees, Wales will have a role to play in any resettlement of people.

20 August 2021: from signatory Migrant Voice: Give Afghans protection now

Every Afghan whose life and rights are at risk must immediately be granted refugee protection by the UK government. The government has pledged to resettle 20,000 Afghans over the next five years, but you cannot put an arbitrary number on people’s lives.

We also fear whether the government will even meet the target of its resettlement scheme, given its previous record. Of the 3,000 unaccompanied refugee children the government pledged to support in 2016, only 380 were helped.

The resettlement scheme needs to be vastly scaled up and accelerated. This protection must also be extended to include the wider family circles of these individuals.

But the government also needs to give sanctuary to Afghans regardless of how they enter the UK. We are deeply concerned by the Home Secretary’s suggestion that this protection would not be given if “irregular” routes are used.

From signatory Positive Action in Housing: Afghan Resettlement Scheme – Immediate Status Now for Those Afghans Already Here

“We welcome the news that the U.K. government is to set up a resettlement scheme for Afghan refugees similar to the Syrian programme. It’s important that the Prime Minister explains how many people will be assisted in this humanitarian crisis so that there is a level of accountability.

“We should not forget that there are thousands of Afghan asylum seekers already in the U.K. who are unable to build a life because they are still waiting for their asylum claim decided upon. Many have been waiting years for a decision and are unable to seek work or study or start their lives. Instead they are reduced to a state of poverty, destitution and severe mental health problems brought on by the delays. Still others have come into the U.K. by “irregular” routes.

“We are therefore calling on the Prime Minister Boris Johnson to recognise the plight of Afghans already here and grant them asylum and not to differentiate between those who arrived by boat, lorry or other “irregular” means. He should surely be able to connect the shocking images we saw on the news in the last few days of Afghans clinging to the wings of planes to those Afghans who are already here. They are seeking asylum yet cannot begin to rebuild their lives, work or pay taxes without the piece of paper that says they have a right to remain. We need common sense to prevail and the rights of refugees to be respected. A helping hand now can reap dividends for the country.”

Source: Robina Qureshi, Director Positive Action in Housing

19 August 2021;:From StatusNow signatory organisation ‘Migrant Voice’ in collaboration with other European and migrant led organisations:

We members of the RISE network, an alliance of migrant- and refugee-led non-governmental organisations representing tens of thousands of people across Europe, urge all world leaders to give protection to Afghans seeking refuge.

In response to the escalating humanitarian crisis, we urge global leaders and the United Nations to ensure that:

Everyone whose life and rights are at risk in Afghanistan should be granted refugee protection and safe, legal routes to access protection
The international community should support Afghans fleeing to neighbouring countries and offer them humanitarian assistance
Every Afghan asylum seeker must be given immediate protection wherever they are in the world
Resettlement schemes must be scaled up and accelerated
Family reunification must be accelerated and expanded to cover a wider circle of family members
All removals and deportations to Afghanistan must be permanently suspended
The international community should listen to the voices of Afghan refugees and work with them to develop strategies and responses to the unfolding humanitarian situation

We specifically urge Afghanistan’s neighbouring countries to keep their borders open for people seeking refuge. However, 90% of Afghan refugees are already in neighbouring countries. Countries further afield must play their part.

Furthermore, we urge European governments and the European Union to ensure that all Afghans currently in Europe must immediately be given international protection.

We are deeply concerned about the dangerous rhetoric from some European leaders about closing their borders to “protect” Europe and continuing to deport Afghans to other territories.

Therefore, we call on European politicians to show leadership and keep their borders open to Afghans.

European countries should step up and help address the humanitarian situation for Afghans, rather than political leaders presenting it as an “immigration crisis” for Europe.

We call on European media to avoid scaremongering or inflating the numbers of those arriving in Europe when 90% are in countries neighbouring Afghanistan.

Signatories:

Migrant Voice, UK
Greek Forum for Refugees, Greece
French Refugee Council, France
MOSAICO, Italy
Syrian Swedish Association, Sweden
European-Global Civil Society Organisation, Spain
African Solidarity Centre, Ireland
Female Fellows, Germany
Svea Konsultia, Sweden
Afghan Community and Welfare Centre, UK
European Network of People of African Descent (ENPAD) UK
Afghan Community M&R, Greece
União de Refugiados Em Portugal – UREP

For more information about the work of the Rise network and to speak to any of the members contact: Yonous Muhammadi on: director@refugees.gr

For UK enquiries email: press@migrantvoice.org

18 August 2021: New Statesman: The UK has deported more than 15,000 Afghan migrants to Afghanistan since 2008

The UK has made the highest number of forced repatriations to Afghanistan over the past 13 years of any European country.

The UK parliament has been recalled from its summer recess today for an emergency debate on the Afghanistan crisis.

On 18 August, amid harrowing images of Afghan people flooding Kabul airport in an attempt to board the few flights leaving the country, the UK government announced a new resettlement scheme.The UK has deported over 15,000 migrants to Afghanistan since 2008Afghan nationals returned following an order to leave, 2008-2020https://datawrapper.dwcdn.net/qEjqJ/5/

The scheme will accept 20,000 refugees from Afghanistan into the UK over five years, prioritising those deemed most in need of protection from the Taliban. Some have criticised this plan as not being ambitious enough – it is similar in size to the Syrian scheme of recent years, but Syria’s population is half that of Afghanistan.

“If the Canadians can take 20,000, why are we only taking 20,000 over five years?” said the Labour peer Lord Dubs. “These people are in danger now and are in desperate need for safety.”

Others have noted that the number is significantly reduced when taking into account the number of Afghan migrants who have been deported over the past decade.

Afghanistan – Wednesday 18 August 2021 – Hansard – UK Parliament

Ian Blackford: I will make some progress before giving way again.

Zarah Sultana: the Afghan asylum seekers who are already here must be provided with an unconditional amnesty

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17 August 2021 Colin Yeo: I’m hearing the Home Office is applying to adjourn Afghan asylum appeals and, so far, the immigration tribunal is saying ‘no’. Personally, I can’t see any reason or benefit to adjournments. Job of the Home Office and judge is to decide cases as facts stand on day of decision. https://twitter.com/ColinYeo1/status/1427578563444760595?s=20

16 August 2021: Open Democracy: UK government rejected more than 32,000 Afghan asylum seekers

Exclusive: The Home Office has rejected at least 76 Afghan nationals’ requests for asylum in 2021 alone – including ten women and a girl

The UK government has rejected more than 32,000 Afghan asylum seekers since the Western invasion of the country in 2001, openDemocracy can reveal.

Of 65,000 initial decisions, almost half were rejections – although some were later reversed after appeals.

More than 76 Afghan nationals have had asylum applications rejected so far this year alone, including ten women and one girl.

The figures come as thousands of people desperately try to flee Afghanistan after the Taliban took control of the country and stormed the presidential palace.

See also the post: We Need Practical Resources that Enable Positive Acts of Compassion with Everyone who Needs Them https://statusnow4all.org/afghanistan-crisis/