February, 2008



Although we have always had small numbers of incomers, over the centuries people in the island of Ireland became used to migration as a one way process, with thousands of people leaving for the New World, never to return.

In recent years in the south, labour shortages and dramatic economic expansion have attracted returning Irish exiles and people from other countries. In addition, links with other parts of the world have made Ireland a possible haven for people who feel forced to flee from their homes, or to seek economic security.

Belfast street.JPGThe Troubles and high unemployment insulated the north from these forces until very recently, but we now have a society that needs additional workers. Our declining birth rate is another factor in leading to job vacancies and skills shortages. Companies and public employers are now recruiting abroad more actively and, as more migrant workers come here they encourage others to follow.

For a very readable overview of the history of migration see Our people our times: A History of Northern Ireland’s Cultural Diversity. Produced by Northern Ireland Museums Council, see www.nimc.co.uk  for contact details.

Demographics
The 2001 census indicated that there were 26,600 people in Northern Ireland, including children, who were born outside the UK or the Irish Republic. (Note that this figure does not include people who were born in this country and are members of minority ethnic groups.) It is clear that numbers have expanded since then. People come here primarily for the same reason as our young people still leave: for better employment prospects and higher salaries.

Whereas earlier immigrants tended to come NI Hills.JPGto our cities, the latest migrants are more widely spread. Most country towns and rural areas now have some foreign nationals working there. Most have found work in food factories, building-sites, hospitals and nursing homes, fishing and fish processing, shops, fast food outlets and restaurants.  

While we see growing numbers of immigrants, many come for a short time in the hope of improving their lives and then leave, just as many of our young people return. The numbers registering with GPs between 1992 and 2001 indicate that, during this period, 1300 more people left than arrived here (Migrant Workers in Northern Ireland, p 46). Accurate recent figures are difficult to obtain, but data from the Workers Registration Scheme shows that 18,300 people came into Northern Ireland in 2002/3 with a big increase to 26,900 in 2004/5. However, in the latter year there were still only 6,700 more people who came in than those who left. These figures include people who come and go, but there are some who make this their permanent home and so we have a gradually increasing number of minority ethnic people living among us from a rich diversity of backgrounds. It is reckoned that there are people living here from at least 120 different countries. 
For more figures see www.nisra.gov.uk 

Some reasons why accurate figures on migration are difficult to obtain:

  • Foreign nationals resident in GB, who move here, will tend to be identified simply as GB residents.
  • Some people may register for work here while still living in the Irish Republic
  • There may be a time delay in people registering for work.
  • People who register for work after a period away may be regarded either as a new person or as a ‘rejoiner’.
  • People applying for National Insurance numbers or registering for work only cover some of the adult population.
  • The numbers of undocumented people are impossible to assess accurately.
  • There is no legal requirement for people to register when they enter or leave the country. 

Changing Patterns of Migration
Migrants who came to the United kingdom following the Second World War tended to come from countries in the British Commonwealth or other countries where there had been British or Irish influence. They were drawn by the expanding economy but also by their knowledge of the English language and were familiar to some degree with the local culture.

The first wave of more recent migrants here has included a substantial number of Portuguese speakers who have come here since 2001, to work in the food processing industry. At the same time, staff shortages in the health sector have led to people being recruited in the Philippines, South Asia and, to a lesser extent, Africa.

European Union enlargement in 2004 coincided with economic expansion here and people from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia (the A8), and Cyprus and Malta, became entitled to come here and work. it is not easy to be precise about numbers, but between April 2004 and July 2005 applications for National Insurance numbers in Northern Ireland were received from 12,962 people from the A8 countries, with the largest number, 6,169, from Poland and the second highest, 3,013 from Lithuania. By the end of 2006 a total of 14,405 nationals had registered for work here.   

The Workers Registration Scheme figures for May 2004 - March 2005 show that 70% of new registered migrants were men, and most were in their twenties and thirties. the women were in the same age groups. For a similar period (April 2004 - March 2005) there were at least 10 applications for National Insurance numbers from people from each of 37 countries other than the Irish Republic. In the same period, around a quarter of workers requiring work permits were for jobs in the health service with the next greatest number, 20%, for the computer services industry.

The latest accession countries, Bulgaria and Romania (A2) have been treated differently from the A8 countries. Nationals from these countries are free to be here but need work permits for most forms of employment.  

Resources

Who’s who? Who’s here? pdf
An EMBRACE leaflet which provides an introduction to who has immigrated here and why. Produced Dec 2007

Working with Diversity  
This website gives a breakdown of the faith community statistics for NI from the 2001 census, along with other helpful information.

  

WorkerEvery country wants to protect its borders and monitor who comes in and out of the country. Any expanding economy will also need additional workers. Immigration policy is a power that is retained at Westminster and the title of the government’s 5-year plan, Controlling our borders: making migration work for Britain reflects an emphasis on security and having the right people to fill labour and skills shortages. It focuses on internal interests rather than the needs of people who have been forced to flee from their homes, or of people forced to look for work because of poverty.

Historically the regulation of immigration has been very complex. There are 80 different schemes which allow people to come into the UK, and in March 2006 the government announced its intention to replace all the different work permit and entry schemes with a single system based on points. They plan to have 5 tiers:

  1. Highly skilled professionals, including doctors, scientists and entrepreneurs
  2. Skilled people with job offers such as medical workers and tradesmen
  3. Low skilled including people such as contract workers in catering and construction
  4. Students from other countries
  5. Temporary workers, youth mobility to cover sports people, professional musicians, cultural exchanges and working holidays for young people.

An advisory board will inform the Home Office so that entry points can be adjusted to reflect skills and labour shortages. As part of new control measures, some short-term workers will have to lodge a bond on entry, refundable on exit, and employers will face large fines for each illegal worker.

The Government hopes that there will no longer be a need for many low skilled workers from outside the European Union (EU). This may cause problems for some of our traditional areas of migration from the developing world. For example, minority ethnic catering establishments may struggle to find suitable employees. Similarly, Asian medical staff, who have traditionally been an important part of the health service, may no longer find it easy to get permission to work here.

There are some concerns about these plans:

  1. They will effectively discriminate against poorer, less well-qualified immigrants who mayneed the opportunities more, and who could make a real difference to their families and the development of their home countries by the money they send home.
  2. Attracting skilled people can be a brain drain on developing countries. It underlines the detrimental effect of ‘selfish’ immigration policies which do nothing to address people’s underlying need to migrate. And of course the vast majority of people would rather stay at home with friends and family than be forced to leave home in search of work.

For more detail on the governments plans see: BBC News ‘Migration: How points would work’ 11/03/06
In the meantime, a complex system of migrant entry schemes remains in existence. See migrant workers page for more on entry schemes.

UK Borders Bill
Legislation around immigration has gradually become more restrictive and infringements of regulations criminalised. There are a number of concerns regarding the provisions of the UK Borders Bill currently (2007) making its way through parliament:

In trying to stop people working without documents Immigration Officers will be able to seize the pay packets of undocumented workers who may themselves be the victims of traffickers or unscrupulous employers.

Immigration Officers will have increased powers, for example, the ability to detain people on suspicion that an offence has been committed. While these powers have steadily increased in legislation from 1999 - 2006, so that they parallel the powers of police, they have not been accompanied by increased mechanisms to check abuse of power, similar to those to which the police are subject.

Foreign nationals who have committed one of a wide range of offences or have been sentenced to one year’s imprisonment are to be deported automatically, regardless of the circumstances. 
 

Who is a migrant worker?
A migrant worker is someone who leaves his or her country with the intention of seeking work elsewhere. In practice the words are usually applied today to people who do not intend to remain permanently in the host country. Expanding economies with low unemployment have always attracted people from other countries to fill skills gaps and job vacancies. Here they mostly fill gaps in the academic, agricultural, food production, hospitality and catering, and health sectors.

Categories of Migrant Worker

These are some of the main categories:
European Economic Area Nationals do not need to ask for permission to move here to live and work. These include people from the European Union (EU), from the European Free Trade Area (including Norway, Iceland and Liechtenstein), and from Switzerland.
Nationals from the New EU Accession States are entitled to freedom of movement in the other EU states but must register with the Home Office when they take up employment. These include people from what are termed the A8 Countries, which joined the EU in May 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. (Cyprus and Malta who also joined in 2004, are not subject to these restrictions and are treated like states that joined previously.) The latest accession countries, Bulgaria and Romania (A2) have been treated differently from the A8 countries. Nationals from these countries are free to be here but need work permits for most forms of employment.
Work Permit Holders are foreign nationals from countries, other than those listed above. Permits will only be issued when the employer has demonstrated that they have been unable to fill the post in any other way.
Students from abroad (there were around 1300 in around 2001–2) are entitled to work part time. They often help as language assistants in schools.
Working Holidaymakers who are not recorded by immigration officials.
Permit-Free Workers include several categories, such as people working here temporarily, for example, as diplomats, airport staff, representatives of foreign firms, members of the foreign press, or clergy!
Undocumented Workers are impossible to quantify, but a couple of years ago the Immigration Service gave a guesstimate of around 2000 people. Most of them have probably entered the country legally and overstayed their work permits or visitors’ visas.

The other side of migration: migrant workers from Latvia
Access to jobs in Irish agriculture, on both sides of the border, with higher pay rates than those at home, means that many children are left behind in Latvia, and are known as the ‘mushroom orphans’. Because its population is small, Latvia is now forced to attract workers from other countries to fill the labour shortages created by so many people going to work abroad.

Social and Justice Issues Relating to Migrant Workers

These are only emerging but several are beginning to stand out:
Racist abuse and attacks.
The lack of regulation of agencies who may charge large fees on the promise of high wages and good conditions, which do not always materialise. (Deception in this area can be legally defined as trafficking.)
Long-term debt may be established.
The power of employers. Work permits are held by employers, and someone losing a job cannot look for another one or seek benefit. If sacked, they face destitution and deportation.
Contract workers may be supplied with poor quality, living conditions. They often end up in multiple occupancy housing.
All these issues are made worse by a lack of access to interpreters making it hard for people to communicate their difficulties, or to establish their rights.
There is the possibility that local people may be disadvantaged by the exploitative use of ‘cheap labour’
Homelessness and destitution if people lose their jobs, or are between jobs. They often have no family or social networks to tide them over.
The information gap. Migrants need good information and access to services such as advice about the law and their rights, language classes, medical care, and safe affordable housing. People who move from one country to another need clear information. To open a bank account here, for example, or obtain a driving licence, can be a real hurdle for foreign nationals.

Concordia, a partnership group including business (CBI), voluntary groups (Northern Ireland Council for Voluntary Action NICVA), trade unions (Irish Congress of Trade Unions), and farmers and growers (Ulster Farmers’ Union), has produced a policy document challenging government. Migrant Workers in Northern Ireland: Meeting the needs of Migrant Workers, their Families and their Employers [pdf] March 2006.

It calls for the following:

  • A specific Government minister responsible for migrant workers
  • Annual forecasts with realistic predictions relating to the immigrant population
  • A local public enquiry office for the Immigration and Nationality Directorate, and local advice and support centres for migrant workers
  • The establishment of a skills advisory service
  • Enforcement of regulations governing houses in multiple occupation
  • A migrant worker emergency rehousing fund
Case Study
In November 2005, STEP [a migrant worker support group in South Tyrone] was contacted by a young Latvian couple with an eight month old baby. Their employer, a recruitment agency, expected the family to share a room with a single bed in a three-bedroomed house in which six other Latvian men also resided. The couple were paying £120 per week for a room which was cold and damp. When they complained to their employer, they were told they would be evicted and lose their jobs if they complained again. STEP contacted the landlord and asked for the family to be moved to more suitable accommodation. The family were eventually moved to a two-bedroom flat, and stayed a short time before finding alternative accommodation with another agency.
Concordia, Migrant Workers in Northern Ireland: Meeting the Needs of Migrant Workers, their Families and their Employers, March 2006, p.7.

The Equality Commission brought people together in 2004 to discuss the implications of migrant worker employment. The Summary Report [pdf] may be downloaded here. A further conference, Migrant Workers: Meeting the Challenges of a Diverse Workplace [pdf] was held in 2005. Business in the Community published a Voluntary Code of Practice for the Employment of Migrant Workers [pdf] The BITC website also has a helpful Web site: Employing Migrant/Overseas Workers Employer’s Guide

The Northern Ireland Council for Ethnic Minorities (NICEM) is no longer funded to give Immigration Advice. People should ring one of the Law Centre advice lines Belfast (028) 90244401 or Derry/ Londonderry (028) 71262433.

Some other interested groups:
ANIMATE
Ballymena Ethnic Minorities Project
Belfast Welcome Centre
Concordia
Council for the Homeless Northern Ireland
Equality Commission
Northern Ireland Council for Ethnic Minorities
Shelter
Simon Community
STEP (South Tyrone Empowerment Project)
See www.arthurrankcentre.org for information about the Churches Rural Group in England and positive suggestions about responses to rural migrant workers.

Useful sources include:
Issues Facing Migrant Workers and Their Families in Northern Ireland: A Research Compendium of Animate and Partner Research 2004-7 
New Migrants & Belfast [pdf] An Overview of the Demographic Context, Social Issues & Trends, Neil Jarman & Jonny Byrne, Institute for Conflict Research 2007
Migrant Workers in Northern Ireland: Meeting the Needs of Migrant Workers, their Families and their Employers [pdf] a policy paper, Concordia, March 2006.
Kathryn Bell, Neil Jarman and Thomas Lefebvre, Migrant Workers in Northern Ireland [pdf] Institute for Conflict Research, Belfast, 2004.
Neil Jarman, Migrant workers in Northern Ireland (review) [pdf] Institute for Conflict Research, 2004

Migrant Worker Destitution

There is increasing concern about the suffering of migrant workers who lose their jobs here and end up on the streets. There have been a very significant number of people coming to Northern Ireland from the new states who joined the EU on 1 May 2004, especially those from the A8: Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.

  • Compared to the rest of the UK, Northern Ireland has the highest % of migrant workers from these states, as a proportion of the local population.
  • They pay a £70 registration when they register for employment.
  • Many are paid low wages for the type of work they do and need to send money back to families at home. They are also often over-qualified for the work they do.
  • They need one year of uninterrupted employment to be entitled to social welfare, other than emergency health care.
  • Those who lose their jobs are not entitled to any statutory support.
  • If living in tied accommodation, the loss of a job may lead to homelessness.
  • Private hostels for the homeless have limited spaces, and have been informed that beds paid for by the NI Housing Executive cannot be used for destitute migrant workers. The providers must fund these beds themselves.
  • Migrant workers here on visas are not entitled to official homelessness advice.
  • The language barrier makes understanding forms and regulations an additional problem.
  • Foreign rough sleepers are subject to harassment and intimidation.
  • Homelessness makes it almost impossible to obtain and keep employment.
  • Destitution can lead quickly from an ordered life to one with multiple social and medical problems. This can include resorting to crime and/or alcohol and drug abuse.
  • The devolved parliament in Scotland has chosen to stand apart from the rest of UK and does not debar new EU entrants from benefits.

EMBRACE on the street
During the past year, in response to the emerging concerns about migrant worker destitution a pilot project, EMBRACE on the street was organised with churches and organisations working with homelessness in the community sector. In consultation with Homeplus, the Belfast Welcome Centre and the Simon Community a list of needs: clothing, blankets, toiletries and easily handled foodstuffs was drawn up. Inner-city Belfast churches provide goods and storage for Homeplus - a voluntary organisation seeking out ‘rough sleepers’ to offer support.
Homelessness charities have observed that with early support it is relatively easy to get foreign nationals who have become destitute, back into jobs before they slip into a cycle of severe social problems. So, in some cases money has provided a couple of nights in a hostel to make it easier for people to get back into work quickly.
The pilot project is now being analysed to assess future needs. For more information contact us.

Some interested groups:
ANIMATE
Concordia
Council for the Homeless Northern Ireland
Equality Commission
Northern Ireland Council for Ethnic Minorities
Shelter
STEP (South Tyrone Empowerment Project)
See http://www.arthurrankcentre.org.uk/ for information about the Churches Rural Group in England and positive suggestions about responses to rural migrant workers

Myths about Migrant Workers
People who help migrant workers to adjust to life here are concerned at the kind of language used about migrants. ANIMATE, a partnership group supporting migrant workers in Mid Ulster, has come up with a few commonly heard views, and some of their material is used here: for more, see their web site: http://www.animate-ccd.net. You can also view the Animate Information Paper [pdf] here.

“The migrants are taking our jobs.”
The facts: Migrants are attracted by job vacancies. They fill skills gaps and labour shortages and where there is nearly full employment, they often do jobs that local people are not prepared to do. Industries such as the food processing industry cannot survive without migrant labour.
“They are costing the country money.”
The facts: The Home Office calculates that after subtracting benefits and public services from Income Tax and National Insurance contributions, migrants provide an annual surplus of £2.6 billion to the UK Treasury. One local factory, O’Kane Poultry, in Ballymena calculates that their migrant workers contributed £624,998 in National Insurance and £1,562,496 in Income Tax in just 2 years, while spending £2.2million locally.
“Migrants are getting everything on social security.”
The facts: Most migrant workers are not eligible for any social security benefits in spite of paying tax and National Insurance. The only people entitled to benefits here, similar to those available to local people, are from member states of the European Union who joined before 2004.
“I don’t mind ‘them’ being here but ‘they’ need to behave.”
The facts: Everyone is subject to the law and should behave. If a person from a migrant community misbehaves, that should not reflect badly on others from their country or ethnic group. We have our fair share of local people who misbehave.
These myths are not the only ones heard. There can be general fears about the creation of a low-pay economy. Recent research, however, tends to show reduction in pay rates are temporary and that immigration simply allows the economy to expand, e.g. the headline ‘Increase in immigrants found to aid expansion’ (Financial Times, 13 May 2005)

It is not all bad news
Newspapers are full of stories about racist attacks but that is not the whole story:
‘More than 100 migrant workers from around the south Derry area have been given a reception by Magherafelt council to show appreciation of the services given by them to local industry.’ Belfast Telegraph, 10 May 2005

A small number of people here have been forced to flee from their home countries, and this makes them particularly vulnerable, as there are often few, if any, other people from their own ethnic and cultural backgrounds to help them through the experience. Applications for asylum are lodged with the Home Office and there are no separate officially published figures for those who apply from Northern Ireland. However, the Home Office has stated that there were 165 applications here in 2003 and only 110 between January and October 2004. The Northern Ireland Council for Ethnic Minorities (subcontracted until recently by the Refugee Council to channel support services for people seeking asylum) reported that the number of service users declined from 166 in the year August 2004 - July 2005 to 153 in the following year. During that time the number of single applicants increased from 61 to 129 and the number of families fell from 30 to 24. www.nicem.org.uk (These numbers do not include asylum applicants who have not sought support through NICEM).

KEY CONTACTS

Bryson One Stop Service for Asylum Applicants
A 24-hour advice and support service for refugees and people seeking asylum.
Contact: Bryson One Stop Service, 9 Lower Crescent, Belfast, BT7 1NR
Tel: (028) 9043 9226
Emergency out of hours number for claimants in need of assistance: (028) 9024 2025

Websites

Home Office, Immigration and Nationality Directorate   www.ind.homeoffice.gov.uk
Law Centre NI   www.cinni.org
Northern Ireland Council for Ethnic Minorities (NICEM)  www.nicem.org.uk
Refugee Council (UK)  www.refugeecouncil.org.uk
UNHCR  www.unhcr.org.uk

Materials

Forced to Flee 3rd Edition Cover.jpg Forced to Flee (3rd Edition), published June 2007 by The Refugee Action Group outlines the situation faced by people seeking asylum in Northern Ireland. Copies are available from the EMBRACE office. 

 


Political Climate
Asylum and immigration issues have risen to the top of the political agenda in recent years, partly because of the genuine fears of some people in the more overcrowded parts of Great Britain, and partly because of a climate of political and media hysteria. This is a factor in fuelling racist attitudes. Immigration and asylum have been election issues with both the Conservative and Labour parties vying to have even tougher policies. The press has helped to turn the words ‘asylum seeker’ into a term of abuse, but politicians have also not always been careful with their language. The then House of Commons leader, Jack Straw, is quoted as claiming that the problems at the Home Office were less to do with the staff but the people they deal with, ‘dysfunctional individuals many of them, criminals, asylum seekers, people who do not wish to be subject to social control…’. bbc.co.uk, 25 May 2006. The needs of vulnerable people have become secondary in this emotionally charged climate.

There have been many restrictive changes in the law in recent years. This, rather than a markedly safer world, accounts for a marked drop in applications. The United Nations High Commission for Refugees (UNHCR) , commenting in March 2005, noted that numbers of asylum applicants in the UK had plummeted by 61% in 2 years. (25,720 asylum applications, excluding dependants, were received in 2005, 24 per cent less than the 33,960 applications in 2004. There was a further 9% drop in 2006 with 23,520 applications. Of the 20,960 who got initial decisions, 10% were granted asylumand 11% Humanitarian Protection or Discretionary Leave to Remain. 79% were refused.  statistics.gov.uk).

Local concerns need to be seen in the international context. The countries which host most of the world’s displaced people are often poor, are those in conflict, ot have conflict on their borders. The United Nations High Commission for Refugees (UNHCR) calculated that there were 1,200,000 internally displaced people in Iraq at the start of 2006. The top 2 countries hosting refugees at this time were Pakistan (next to Afghanistan) with 1,085,000 and Iran (on the borders of Iraq) with 716,000. In February 2007 the Refugee Council accused the United Kingdom of not pulling its weight, and pointed out that while Jordan and Syria host 1.5million Iraqi refugees we had only 950 applicants for asylum from Iraqi nationals in 2006. www.refugeecouncil.org.uk

In 2005 Asia hosted 41% of the world’s refugees, 8.6million people, followed by Africa (25%) 5.2million, Europe (18%) 3.7million, Latin America (12%) 2.5million, North America (3%) 716,800 and Oceania (0.4%) 82,500. Source: Refugees by Numbers 2006, UNHCR www.unhcr.org

Asylum: the Application Process in Northern Ireland

Frequent changes in legislation mean that the application process, rules and conditions of leave to remain vary, depending on when application has been made. (For example, some people who applied a number of years ago are allowed to work while their claim is processed. People who apply today are generally not allowed to work, although they can apply for permission to do so if their case is not settled after a year.)

Claimants must make an Asylum Application at the earliest opportunity on arrival. A Screening Interview establishes their identity and nationality and checks if another country should be considering their case. This process includes fingerprinting as a check of identity against an international database. Applicants undergo induction and are told about their rights and responsibilities. They are issued with an identity number. Under a new process, known informally as Fast Track, some people, from countries thought to be ‘safe’, are immediately detained and transferred to Great Britain while their cases are considered. If the case is not deemed to be arguable, then the person may be deported swiftly. Or, they may be sent to other parts of Great Britain under BIA dispersal arrangements.

If people seeking asylum cannot support themselves the National Asylum Support Service (NASS) can provide subsistence benefits, 70% of normal social security benefits. As of 9th April 2007 the weekly allowances are as follows:
A couple  £64.96            A lone parent  £41.41          A single person over 25  £41.41      A single person aged between 18 and 25  £32.80       A young person aged between 16 and 18  £35.65              A child under 16  £47.45
On top of these allowances there are additional payments: £3 per week for a pregnant woman and children between the age of one and three, for the purchase of healthy food; and £5 per week for a child under 1 year.

The latest on the Fast Track process

‘The Home Office issued new guidance in February 2006. This included the statement that “any asylum claim, whatever the nationality or country of origin of the claimant, may be fast tracked where it appears, after screening, to be one that may be decided quickly”. The list of countries of origin deemed suitable for fast track processing has now extended to 55. Asylum seekers from 15 of these countries (plus Nigeria and Ghana for men) whose claims are “certified as clearly unfounded” can only appeal after they have been returned to their own country (known as Non Suspensive Appeals or NSA). They have no right of appeal in this country.’
Extract from In Touch, the bulletin of the Association of Visitors to Immigration Detainees (AVID) No. 35, April 2006

In May 2007 Bryson One Stop Service took over from the Northern Ireland Council for Ethnic Minorities (NICEM) as the group sub-contracted by the Refugee Council (the main charitable British refugee support organisation) to facilitate advice and emergency assistance for asylum applicants who are over 18. (NICEM is still offering a refugee Integration Service for those who get a favourable decision.) Children and young adults are the responsibility of the appropriate Health and Social Services Board. Follow-on accommodation is provided by the Northern Ireland Housing Executive (NIHE), on behalf of NASS, and is sourced from private landlords and housing associations. Most asylum applicants in Northern Ireland live in the community while they are waiting to have their claims assessed but they may be detained at any time. Most are not allowed to undertake paid employment. Throughout the application process people may be asked to report to the authorities: immigration officials (at Belfast International Airport) or police stations. At any time during the application process people can ask for help to return to their home country voluntarily.

Applicants have previously been required to complete a Statement of Evidence Form (SEF) which has to be completed in English. There is then an Asylum Interview at which people can submit additional information such as medical reports. Home Office officials interview applicants and case officers Assess the Claim and make an Initial Decision, by looking at the consistency of the evidence, and relating this to background information on the country of origin, supplied by the Country Information and Policy Unit of the Home Office Immigration and Nationality Directorate. The claim may be allowed under the 1951 Convention on the Status of Refugees or on human rights grounds under the European Convention on Human Rights.

Successful applicants are entitled to the same social and economic rights as UK citizens and are assessed for housing like everyone else. They have full access to medical treatment, education and employment, but most applications fail at this stage. Latest Home Office figures show that of the 23,520 applications in the UK last year only 10% were successfully granted asylum following the initial decision, with 11% given Humanitarian Protection or Discretionary Leave to Remain. The other 79% were refused. 18,235 people whose applications failed were removed from the country, 16% more than in 2005. (This includes people who returned to their home country voluntarily.) statistics.gov.uk

Unsuccessful applicants have normally had a right of Appeal to a tribunal before an immigration judge. This takes place in a court setting in Northern Ireland. Applicants who fail at the appeal stage are able to apply for a review of the immigration judge’s decision, if the earlier decision was wrong in law, and the error would have made a difference. If this is unsuccessful then a person may apply for Statutory Review. In some cases, people who have not been able to demonstrate that they fulfil the criteria, but who need protection, could be given Exceptional Leave to Remain. This has been replaced recently by the more restrictive categories of Humanitarian Protection or Discretionary Leave. Both of these are rarely given.

Recent changes in asylum legislation have tended to be increasingly restrictive. Successful asylum claimants in the past, and who were granted Refugee Status, also received  Indefinite Leave to Remain, but since August 2005 they are only granted Limited Leave to Remain, for 5 years in the first instance. After this time there is a reassessment, taking into account such things as a possible improvement in the situation in their country of origin. In the meantime they have rights to family reunion, to benefits and the right to work. 

In the past it has been common for the process described here to last for several years, but the government has made strenuous efforts recently to speed up the process and also to attempt to remove a greater number of people whose applications have failed. The streamlining of the system has led to a diminution of legal safeguards in dealing with people seeking asylum.

As asylum applications have dropped, the Home Office Quality Initiative Project aims to improve the way in which they are assessed and to expedite the process. It is hoped to get more decisions right at the first stage. The UNHCR has been working with the government and feels it is making genuine efforts but that there is still a need for improvement.Their fourth report to the Home Office in January 2007 continues to recommend improved training and accreditation for caseworkers, who should have university degrees or equivalent. They also stress the importance of improving the way in which facts are gathered and the need for good research and up to date information on the situation in countries of origin of claimants. Home Office Report 

The New Asylum Model (NAM)
From March 2007 new applicants fall within the government’s New Asylum Model (NAM) which is aimed at ensuring that as many asylum cases are concluded within 6 months, partly by categorising applicants at initial screening. This is called segmentation. The 5 segments include:

Segment 1: People who could have claimed asylum in a third country.
Segment 2: Unaccompanied minors.
Segment 3: People from one of 16 ’safe’ countries who may not be entitled to appeal in this country.
Segment 4: Applications that are regarded as ‘late and opportunistic’ e.g. following arrest for working without documentation.
Segment 5: All other cases.

On the positive side, each applicant will have a single Case Owner, a named Home Office official responsible for their case who will be better trained than before. It is also proposed that in complex cases there will be more flexibility in the time-scales, so that cases can be properly presented. However, in general, the Refugee Council feels that the timings are generally too short for proper evidence to be sought on behalf of applicants. In particular, vulnerable people such as abused women, children and victims of torture will find it difficult to disclose sensitive information within the time allowed. Also, under NAM, people will no longer have the opportunity to submit a written statement of evidence (SEF) and have no guarantee that they will see a legal representative before their substantive interview. There is also anxiety that segmentation may be arbitrary and difficult to challenge. Broader fears are that the longstanding culture of disbelief remains.
Previous applications, called Legacy Cases, will gradually come under NAM. To read more, see the Refugee Council briefing on NAM. 

NICRAS
NICRAS, the Northern Ireland Committee for Refugees and Asylum Seekers, is the only refugee-led organisation in Northern Ireland. This community group for refugees and people seeking asylum aims to support the integration process while consciousness raising, campaigning and informing people about the legal situation. The group also organise social and fundraising events.
The NICRAS Volunteer Programme provides opportunities for people who are applying for asylum to undertake worthwhile activities, often contributing in the community sector. There are also opportunities for people who support the aims of NICRAS to be involved in ways such as helping at social events, lobbying and advocacy, assisting asylum applicants in accessing funding for education and finding opportunities for them to volunteer.
For more information
write to: NICRAS, One Vision Offices, Unit 2, 129 Ormeau Road, Belfast, BT7 1SH
telephone: 028 9024 6699 

Problems for People Seeking Asylum:

Isolation: Many people have lost all contact with friends and family and a way of life where they had worthwhile jobs and status. People here are unlikely to understand their culture.
Language: The language barrier is a problem in the asylum application process, in daily life (including communication with doctors) and in developing a normal social life.
The Application Process: The process, described by Les Allamby of the Law Centre as, ‘a war of attrition’, includes delays, difficulties with translation, and limited access to financial and other social support. There can be high levels of fear and anxiety. People who may have been tortured or abused find the questioning difficult. It is also hard for most people to back up their cases with written evidence. Research has shown that people fleeing from repression often have difficulty in recalling the details of traumatic events. They do not always make the best witnesses.
Detention: There is a strong fear of detention and the humiliation it brings. 
Harassment and Discrimination: Most people will experience verbal abuse either on racial grounds, or because of the stigma attached to being an ‘asylum seeker’. The sense of rejection can be powerful.
Not Being Allowed to Work: Enforced idleness makes hours of anxiety seem longer and people feel shame at living off the state. Some find volunteering beneficial. (Recent changes in legislation mean that a very few claimants can get paid work if their case has not been determined by the Home Office within one year.)

Some examples from Bristol quoted in the Tablet, 12 Feb. 2005:
Consuelo: “You don’t know what to do all day” and Grace speaks of “psychological torture, to drive you mad and make you want to go back.

Poverty: The basic allowance of 70% of normal benefit gives no leeway for emergencies, especially where there is none of the family support that exists for local people. There can also be administrative glitches that leave people temporarily without even enough to eat. As of 9 April 2007, a person who is applying for asylum receives £32.80 per week if they are over 18 and under 25 years of age, and £41.41 if they are over 25. They also receive housing support. See above for more detail on allowances.
Diet: It can take a while to adjust to cooking cheap, locally available, ingredients to replace a familiar diet. People end up with a poor diet and digestive problems.
Climate: Applicants often come from hot climates and find it hard to keep warm here.
Health: Pre-existing illnesses and injuries may be made worse by poverty, living conditions and climate.
Stress and Depression: Some people will be suffering from the after-effects of wounds and torture, or the death of relatives. Trauma and the worry about failing to achieve refugee status may easily contribute towards chronic depressive illness.
Exploitation: Asylum applicants who work illegally, or failed applicants who stay and work in the underground economy are often exploited, in the hours they work, and the conditions in which they live and work. They are vulnerable to abuse by their employers.
Destitution: Failed asylum seekers are not entitled to work and most lose their small amounts of benefit. They are forced to live on what handouts they can manage to obtain or by slipping into the black economy with all its dangers and potential for exploitation. Most are asked to leave the country as soon as possible.

Remember that international conflict, and trade and justice issues interact directly with migration issues. Campaigning around these issues and support for development organisations will help to prevent the misery of people having to flee from their homes or move because of extreme poverty.

Shut in.jpg… “we must not merely regard black and minority ethnic people as ‘deserving’ respect and inclusion, but reject racism as the sin of exclusion, disrespect and ‘segregation’, by grasping and cherishing the fact that all God’s children inherently share in the dignity of the Being of God.”

 

Rev. Arlington Trotmann, Churches Commission on Racial Justice speaking at the All Ireland Churches’ Consulatative Meeting on Racism (AICCMR) conference, Challenged by Difference: Threat or Enrichment, at Dromantine, November 2005.

Northern Ireland has been labelled the race hate capital of Europe and we have a rising tide of hate crime against people from minority ethnic groups and migrant workers.

Police figures
In 2004-05 a total of 813 racial incidents were recorded in Northern Ireland. Of the 634 recorded racist offences there was 1 murder, 187 woundings and assaults, 61 cases of intimidation and harassment, and 322 criminal damage offences. The clearance rate was 15.9%. Unfortunately these figures rose in 2005-06 to 936 overall. While there were no murders, there were 238 woundings or assaults and 351 incidents of criminal damage. The clearance rate rose to 20.5%.  Source www.psni.police.uk

We are all aware of the physical and verbal racial attacks. However, more subtle forms of racial discrimination, indifference and overlooking can exist throughout people’s lives, in contacts with official bodies, in the schoolroom, job hunting and the workplace, medical and housing services, and socially.

Deprived of identity:
‘People threaten you saying they are UVF/UDA and may be or not, they tell you that they see you as “Indian” and think you don’t know the difference’.
A member of the Bangladeshi community quoted in 30 Years Seen but Not Heard
‘Local people who want to do something for ethnic minorities tend to want to group them all together. … Being put together with other ethnic groups can make us feel vulnerable unless we have enough support’
.
Julie Chiang Li of the Belfast Chinese Christian Church quoted in lion & lamb: racism and religious liberty, Autumn 2004.

School

‘’When my eldest first went to school he encountered some problems. He is quite dark and other little boys told him that his hands were very dirty. They were P1 children too young to know any better. The principal took action’.
A mother from a minority ethnic community group quoted in Fermanagh: Other Voices

The health service

A family did not know their 6-year old child was dying until the day he died because an interpreter was not offered to them.

I have had to interpret for my wife, it was very serious, goodness knows what would have happened it I had not been there’.
2 examples from the Bangladeshi community quoted in 30 Years Seen but Not Heard

Workplace

Sometimes people will talk the bad language. Maybe call you Chinkie and maybe ‘go back to your country’ just like that you know. Some…will not be friendly you know, But most people is quite nice’.
A Chinese woman restaurant worker quoted in Into the Light.

Officials

‘They assume you are employed illegally’.
A member of the Bangladeshi community, complaining about heavy-handed raids
on restaurants. Quoted in 30 Years Seen but Not Heard

Politics

Everyone wanted you to take sides’…’people should not expect you to be involved in their fight’.
Extract from an interviewee quoted in an ICCM briefing for Church Leaders.

Links with Sectarianism

“Because I have darker skin”, says Marizete, “people think I am Portuguese and therefore assume I am a Catholic.” For this reason she avoids some parts of town.
From an interview with a Brazilian Baptist pastor’s wife, Marizete Lara living in Dungannon, in lion & lamb: racism and religious liberty, Autumn 2004.

Subtle Racism

Stereotyping: People are asked questions such as: ‘Are you a mail order bride?’

Patronising: ‘It really annoys me when people ask me “where did you learn English?” People take it for granted that I don’t know many things and that in general Asian people don’t know many things.’
Women from a minority ethnic community group quoted in Fermanagh: Other Voices

Church

The local minister…provided tins of food and spoons to our home but did not invite us to his church. They [the Church] were saying we were poor. I was insulted. Would the same thing have happened if a white person moved into the area?’
An African woman quoted in an ICCM briefing for Church Leaders.

‘Being a foreigner in this land has not been easy because people take you as a leper…We have once sat in the church…we smiled as we sat down, but there was nothing in response. They shifted and moved to keep space and distance between us so much that it became embarrassing. …Was this just? Everywhere we go, it brings home the fact that once you have coloured skin you are regarded as scum and a refugee who has come to take…take…take…’
Yvonne Mefor in Inter-Cultural Insights: Christian Reflections on Racism, Hospitality and Identity from the Island of Ireland

‘I am from a rejected people. As a member of the Traveller Community neither society, nor the church knows me. And in not knowing me they fear and at times despise me. I am so tired of the rejection and ignorance. I too am much in need of the water from the well. I crave the life giving water that is life from God. … My hope is to be filled with the spirit of love or I will be lost to the continuous hurt I experience as a Traveller person.
Cathleen McDonagh reflecting on John 4:5-15 in Intercultural Insights

The words we use… A recent American study of 10 ethnic communities has revealed the lethal power of language. ‘The most astonishing finding was that ethnic immigrant groups subjected to more “hate speech” were more likely than others to commit suicide.’
Psychiatrist, Raj Persaud, Independent, 29 January 2005

The Police Service of Northern Ireland (PSNI) have appointed Minority Liaison Officers in each area to respond to the increase in racial incidents and have published  Hate Crime, Racial Incidents: Protecting your Rights [pdf]

Ethnicity or Race?
Scientists have increasingly questioned the concept of ‘race’, despite its popular usage in the public discourse. It is convincingly argued that the difference between different people groups to which ‘race’ refers accounts approximately for only 5%, whilst the differences which occur within people groups, is reckoned to be approximately 85%. (See Stephen Cohen on Ethnicity, Class and Immigration) A question posed by Rev. Arlington Trotmann Churches Commission on Racial Justice speaking at the All Ireland Churches’ Consulatative Meeting on Racism (AICCMR) conference, Challenged by Difference: Threat or Enrichment at Dromantine, November 2005.

Consider undertaking race or ethnicity awareness training.
If you can get a local group together, the Irish School of Ecumenics, in Belfast, Learning Together: Education for Reconciliation Programme, may be able to design a course for you, based on biblical insights. For more information contact cenisec@tcd.ie They have also organised courses on hate crimes, including racism, and restorative justice.
Yvonne Naylor has developed resources for young people and these can be freely accessed on a number of websites including that of Corrymeela, www.corrymeela.org under ‘Free resources’. They can also be found at www.puppetwoman.org .
There are courses on ethnicity/diversity awareness and anti-racism available from groups such as the Northern Ireland Council for Ethnic Minorities (NICEM), the Multi-Cultural Resource Centre, the Chinese Welfare Association and the Ulster Peoples’ College. Ask your District Council if there are any courses available locally. 
Look at Christian Welcome for ways in which we can make our local communities more welcoming and counteract racism. Let us know about racist incidents and positive actions in your local community.

The word ‘ethnic’
In reality the word ‘ethnic’ refers to all people because all people have ethnicity. In other words, each person belongs to a people group: Asian, white, black, all have a particular heritage. In order to be careful not to reinforce exactly what we are trying to defeat - racism and discrimination - African, African Caribbean, mixed heritage and Asian peoples in Britain are understood as minorities, simply in terms of numbers. White people in Britain are the majority. Whilst people prefer self-definition, ‘minority ethnic’, with the emphasis on ‘minority’ respects those minority identities because it emphasises ‘minority, rather than ‘ethnicity’. To emphasize ethnicity is to deny it to white people, and to use it negatively to segregate minority ethnicities from white ethnicities.
Consequently, even though it is widely used, ‘ethnic minority’ should be avoided as it places the emphasis wrongly on the ethnicity of African, African Caribbean, and Asian and mixed heritage people as the only ones that possess ethnicity. As such ‘ethnic minority’, for all intents and purposes means someone that is marginalized, excluded and unwanted in society, because those terms have attracted grossly negative connotations for minority ethnic groups in Britain.
‘Ethnic group’, ‘ethnic community’, ‘the ethnics’ ‘ethnic minorities’, ‘ethnic people’ as references to minorities in Britain are all linguistically incorrect, socially offensive, and do nothing to help our case against racism and racial discrimination.
Rev. Arlington Trotmann Churches Commission on Racial Justice speaking at the All Ireland Churches’ Consultative Meeting on Racism (AICCMR) conference, Challenged by Difference: Threat or Enrichment at Dromantine, November 2005.

Some interested groups:

Important resource:
Seeking Advice and Redress Against Racism in Northern Ireland [pdf]  An Information Handbook, Equality Commission for Northern Ireland and National Consultative Committee on Racism & Interculturalism, March 2005 (This booklet also contains Seeking Advice and Redress Against Racism in Ireland for people in the Republic of Ireland.) This document is also available at: www.equalityni.org and www.nccri.ie

Policy:
A Racial Equality Strategy for Northern Ireland 2005-10 [pdf] OFMDFM This document and other useful research texts on racism and racial equality can be found on the OFMDFM website www.ofmdfmni.gov.uk/race 

Sources:
Daniel Holder, Rozana Huq and Loaunne Martin, 30 Years Seen But Not Heard; a Listening Session with the Bangladeshi (Sylheti) Community in Northern Ireland, MCRC, Belfast, 2001.
Into the Light, Conference Report, Equality Commission for Northern Ireland, Belfast, 1999.
Scott Boldt ed., Inter-Cultural Insights: Christian Reflections on Racism, Hospitality and Identity from the Island of Ireland, All Ireland Churches’ Consultative Meeting on Racism, Belfast 2007
Lion & Lamb, Racism and Religious Liberty, No 37 Autumn 2004.