FAMILIES are being left destitute for up to six years waiting for the British Home Office to make a final decision on asylum claims.
A new report `Human Rights for Some', released today by the Northern Ireland Community for Refugees and Asylum Seekers (Nicras), reveals people have been left homeless numerous times since arriving in Northern Ireland.
Researchers found that, because asylum seekers are classified as "ineligible service users" in official guidance to homeless hostels, they are barred from emergency accommodation.
Some manage to stay "a few nights in a homeless hostel", but "when their immigration status is discovered they are asked to leave".
According to the report, "though many homelessness charities want to provide shelter to everyone equally, they are currently prevented from doing so by the administrative and funding arrangements of the Housing Executive, Department for Social Development and ultimately the Northern Ireland Executive".
The authors argue social services "have a duty to prevent human rights violations (including the provision of housing) for someone at risk of homelessness".
In 2005 the House of Lords ruled that a failure to provide social support which exposes asylum seekers to a real risk of becoming destitute will in certain circumstances constitute `inhuman and degrading treatment' contrary to Article 3 of the European Convention on Human Rights.
Because asylum seekers cannot work or access benefits, it is difficult to afford private rental accommodation.
Nicras chairman Justin Kouame said people "do not get anything until evidence is finally accepted by the Home Office".
"They are bringing fresh evidence not previously considered by the Home Office, but it can take years for a decision," he said.
Some provision is made for children of asylum seekers, allowing families, waiting in limbo for an appeal decision, to eke out an existence.
One case highlighted tells the story of `Donna' (34) who lives in Belfast with her six-year-old daughter.
Originally from South Africa, she fled to Northern Ireland 10 years ago to escape family pressure to marry against her will.
She did home care work, only applying for asylum after giving birth in an effort to regularise her situation and protect her daughter.
"It wasn't just about me anymore. I would do anything to protect my child.
"If I have to go back then she would go where I am sent. My life is not my own there. I am somebody's property and can just be given to any man whether I like them or not and the same will happen to her."
Her initial application was quickly rejected because South Africa is not deemed to be a `dangerous' country, but she appealed citing her specific circumstances and now seeks general leave to remain with her child who is in primary school.
It has been six years in limbo. Banned from working, there is some social service support for her daughter, with £30 supermarket vouchers and gas and electricity paid.
"It's hard for her. I've been asking for the right to work because surely that makes sense for everyone."
