A current response to a Freedom of Information request reveals that there was a pointy enhance within the variety of folks being invited to a couple of substantive asylum interview. In 2022, a complete of 4,144 asylum candidates have been invited to a couple of substantive interview. In 2023 this elevated to 17,264 candidates.
Choice making elevated considerably final 12 months on account of the backlog clearance train, nevertheless this alone doesn’t clarify the rise, as within the interval January to March 2024 alone, the whole was 8,375 folks invited to a couple of substantive interview. In some circumstances folks have been invited to as many as 4 interviews.
The asylum interview is a key element of the asylum course of. For years, asylum candidates have typically undergone one substantive interview through which they’re requested many questions and their solutions type the majority of the proof used to determine their declare. The current enhance within the variety of folks receiving a number of invites begs the query as to what has modified, and why is one interview not ample in these circumstances.
Why are a number of interviews happening?
The policy objective behind asylum interviews is to collect sufficient proof to have the ability to correctly contemplate and decide an asylum declare. Probably because of this extra asylum interviews are being required, in order that decision-makers can fulfill themselves that they’ve sufficient data to find out a declare. This can be a justification I’ve acquired on a number of events from the Residence Workplace.
Nonetheless, this coverage goal isn’t new and it appears extra doubtless that there’s one more reason (or causes) behind it. One potential rationalization is that conducting a number of asylum interviews stalls choice making, this arguably permits the Residence Workplace to delay selections behind the implementation of the Unlawful Migration Act.
One other rationalization could possibly be to do with the coaching or competency of these conducting the interviews. In April 2023 there was the equal of 1,274 full-time Residence Workplace workers engaged on asylum casework. In April 2024 there have been almost double that, at 2,545. It’s potential that new workers are usually not being appropriately educated to conduct efficient asylum interviews.
The rise in workers was partially to try to clear the backlog, which additionally concerned more decisions being made without a substantive interview at all and as a substitute being made on the premise of questionnaires. It follows, then, that new Residence Workplace workers might also lack expertise in interviewing candidates altogether.
Cynically, a number of interviews additionally offers extra alternative for the Residence Workplace to refuse or withdraw an asylum declare on the premise of inconsistencies or non-attendance.
Most definitely, it’s a mixture of all this stuff.
Why are a number of asylum interviews an issue?
The immigration rules make clear that the interview should be carried out by somebody who’s “legally competent” to conduct such an interview. There’s extensive guidance to interviewers about conduct and safeguarding, with additional steering for interviewers in claims based mostly on sexual orientation.
The steering requires an setting which ‘supports the claimant to disclose all evidence…to support their claim’, treats candidates with ‘respect, dignity and fairness’, encourages interviewers to ‘ask appropriate questions to encourage full disclosure’, ‘protect vulnerable adults’ and ‘take into account any medical evidence when preparing for and conducting the interview’. The truth that so many interviewers are failing to acquire the mandatory data the primary time spherical signifies that this steering shouldn’t be being adhered to.
Additional, asylum interviews are by their nature a high-stress and difficult a part of the asylum course of. Candidates should recount private, upsetting or traumatic occasions in a bid to substantiate their claims. A number of interviews could enhance the detrimental affect upon a person’s psychological well being.
A number of interviews are additionally a fear for individuals who are unrepresented – currently the figure is around 50% of applicants. Extra interviews imply there may be extra correspondence to overlook, which might result in withdrawal of an asylum declare on the premise of non-attendance. Unrepresented people are additionally deprived as they don’t have entry to recommendation on this advanced course of.
Lastly, as we’ve got famous, there may be additionally way more alternative for candidates to turn out to be confused, contradict a element raised in a earlier interview, or have points with interpreters or interviewers. All of those components can contribute considerably to the result of an asylum declare.
How can an asylum interview be cancelled?
The Residence Workplace has discretion to cancel or postpone an asylum interview, in addition to to comply with determine the case on papers alone (with out the interview). It’s most typical for this to be exercised in relation to medical issues.
If somebody is unable to attend or proceed with an interview as a result of sickness or a medical situation then proof should be offered to the Residence Workplace. The proof should be from a GP, advisor or different appropriately qualified related healthcare skilled.
It is rather necessary that this proof particularly confirms that the applicant is or was unable to attend their interview on the related date and the the reason why. It’s doubtless that the asylum interview might be cancelled however it might require a number of emails to the Residence Workplace to get affirmation of this. Strive: asylumcustomercommunications@gov.uk or the precise casework unit that the interview invite got here from.
If medical proof has not but been obtained, an asylum interview can be postponed awaiting a medical report which particularly assesses health, nevertheless postponement is only possible if the report is about whether or not the applicant is match to be interviewed. Once more, the wording of any request is extraordinarily necessary and should comply with the steering.
Lastly, the Residence Workplace additionally has a discretion below the immigration guidelines (paragraph 339NA) to omit the requirement of an interview altogether in a variety of circumstances together with the place the applicant is unfit or unable to be interviewed owing to enduring circumstances past their management. Once more, it is a good possibility the place detailed medical proof is offered.
Conclusion
The rise of a number of asylum interviews will doubtless be most felt by these with out additional help, be it authorized illustration or in any other case. It is just with specialised medical proof and clear correspondence with the Residence Workplace that interviews may be cancelled or postponed and it’s only with this help that the detrimental impacts of a number of interviews may be mitigated. It waits to be seen whether or not this pattern will proceed all through the remainder of the 12 months.
Concerned with refugee regulation? You would possibly like Colin’s guide, imaginatively known as “Refugee Law” and revealed by Bristol College Press.
Speaking necessary authorized ideas in an approachable means, that is a necessary guide for college students, legal professionals and non-specialists alike.
