Torture victim still waiting to be granted refugee status seven months after asylum claim accepted
A torture victim is still waiting for the Home Office to grant him documents proving his refugee status more than half a year after the department accepted he should be granted asylum.
Ministers have been accused of keeping vulnerable and traumatised people “in limbo” over the case, in which a judge ruled seven months ago that the Sri Lankan man would be “at real risk of harm” if he returned to his home country.
The 30-year-old, who cannot be named to protect his identity, claimed asylum in the UK in 2013 after fleeing from Sri Lanka. He had been detained and abused for more than a year in his home country for aiding and hiding weapons for separatist group the Liberation Tigers of Tamil Eelam (LTTE), of which his brother and cousin were members.
Although it had been accepted during a previous court case that the man had been subjected to ill-treatment at the hands of the authorities in Sri Lanka, he was refused asylum on the grounds that he arrived in Britain on a Sri Lankan passport and therefore would not be on a "stop list".
However, in November 2019, a Court of Appeal ruled that he should be granted asylum, saying his injuries “undoubtedly” amounted to torture and that he had a “sound subjective basis for his belief that he would be ill-treated and tortured upon return” to his home country.
The judge also found that there would be a “significantly increased” risk of suicide if the man were to be removed.
Following the ruling in the Court of Appeal, the man was invited by the Home Office to an appointment to submit his biometric information, in order that he could be issued with a Biometric Residence Permit (BRP) card, which provide evidence of entitlement to live and work in the UK.
He attended this appointment on 24 December, but has received no information since, despite this process usually taking up to a month. Without a BRP card, he is unable to study, work or access benefits, which has left him unable to leave his asylum accommodation.
Speaking to The Independent, the man said: “When I was eventually granted refugee status last year I was really happy. I was thinking my future will be bright and beautiful, but now there are still question marks, my mind is going back. I feel like I’m in the same situation.
“I was expecting that after a few weeks they’d send me my documents. But now I’m breaking down. It’s been over six months, waiting, waiting, waiting. I’m really depressed.
“I want to move on. I don’t want to stay in asylum accommodation. I have to study, I have to work, I have to do something for my future. I don’t want to think back to the torture I experienced. That’s why I want to go forward, but the Home Office has put me back in a dark room again and again. It’s really heartbreaking. I feel hopeless.”
The man’s solicitor, Stephen Medley-Daley, said that remaining in the asylum system after being recognised as a refugee was “slowing” his client’s recovery.
“The delays in processing allowed appeals is concerning at the best of times, with a highly inconsistent approach adopted. Unfortunately, it seems that those who are most vulnerable such as these cases where the delays are greatest,” he said.
“Covid-19 has only exacerbated the situation, which much like the delays in the criminal justice system, existed before this pandemic.
“These delays continue to force vulnerable people to remain in unsuitable accommodation, increasing the cost to the state, and impacting their recovery."
The man’s local MP, Labour MP Dan Carden, said his constituent had been left “in limbo” and unable to find somewhere to live or work or the necessary support he needs due to “prolonged delays” in the Home Office.
He added: “This kind of uncertainty has often devastating outcomes on an asylum seeker’s mental health, relationships and ability to contribute to our communities. Pushing people to the brink of destitution is no way to deal with the challenges of the asylum system or create the cohesive communities we all aspire to live in.”
A Home Office spokesperson said they did not comment on individual cases. They added: “During the pandemic, asylum seekers, like the rest of the UK population, have been asked to remain inside to stop the spread of coronavirus. Asylum seekers who would otherwise be destitute are provided with free, fully furnished accommodation while applications are considered.
“We continue to make decisions where we have sufficient information to allow us to make the decision.”
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