Seeking Asylum

Women's experiences of Home Office Decision Making,
Destitution, and Mental Health Struggles

On the 26th Feb, the UK state Equalities Office lead on responding to the CEDAW committee at the UN, regarding the convention which works to eliminate forms of violence against women. The collective of civil society organisations are represented by Baobab Women’s Project at the UN headquarters in Geneva, to raise the voices of women which are far too seldom heard or considered.

The key issues highlighted in the report are:

  • Inadequate Asylum Processing System: The decision making processes and procedures implemented by the Home Office are inadequate and lead to delays and administrative problems. There appears to be a lack of understanding and widespread disbelief of women’s experiences, a lack of legal aid funds for quality legal representation, and a lack of quality advisors addressing gender issues, coupled with insufficient engagement with support organisations.

  • Lack of Access to Employment: Being prevented from the right to employment, women are more likely to be disempowered and see their skills and energy eroded, often with resulting mental  health problems. It also criminalises those who do work out of necessity and facilitates forms of  modern slavery which exploits vulnerable people.

  • Mental Health Concerns: A key concern highlighted in this report relates to women’s mental health, including depression, PTSD and anxiety. These conditions risk being exacerbated by the current policies and practices of the Home Office, including dispersal to remote and inadequate accommodation throughout the UK and family separation. Despite this situation, refugees and asylum seekers are nevertheless less likely to receive the appropriate support needed.

  • Destitution: Refused asylum seeking women are left destitute without any means of support. The effects of destitution on women is devastating: including a detrimental impact on their social standing, acute risk of exploitation, loss of self-esteem and physical and mental health problems.

  • Violence against Women: Asylum-seeking women are some of the most vulnerable survivors of violence and abuse, given that they face a greater risk of destitution and poverty. Abusersare often free to manipulate women’s powerlessness (due to their insecure immigrationstatus and fear of repercussions) with impunity. While the Domestic Abuse Bill 20191 sets out to protect and support victims and ensure agencies effectively respond to domestic abuse, we are concerned that it risks leaving migrant women behind.

The UK Government is under review by UN women’s rights experts on the CEDAW committee in relation to its efforts in eliminating all forms of discrimination against women, a group of civil society organisations launch their shadow report outlining the discrimination and violence facing asylum seeking women in the UK.

We are a network of asylum seeker-led NGOs in the West Midlands, ensuring the representation of the voices of women who may not be visible to the bureaucrats who write the State party report. The aim of our report is to critically engage with the reporting and monitoring process.

Women’s group members have met progressively over the last three years, with new groups joining as they emerged, regularly discussing issues women face day to day. We have identified and come to a consensus on the main issues affecting women from our region, which are echoed by our national partner organisations, some of whom have also contributed to this report. These key issues, which are outlined in greater depth within the report, are: 

  • Article 9 – Nationality: Inadequate Home Office decision-making procedures.

  • Article 11 – Employment: The main obstacle preventing asylum-seeking women from enjoying the right to employment in line with CEDAW Article 11, is the immigration legislation that removes their right to work. 

  • Article 12 – Health: Under CEDAW Article 12, the key concern highlighted in this report relates to women’s mental health. 

  • Article 13 – Economic and Social Benefits: Amongst other shortcomings under Article 13, the key violation of asylum-seeking women’s human rights in the UK relates to destitution. 

  • Specific recommendation for Article 19 – Violence against Women: Asylum-seeking women are some of the most vulnerable survivors of violence and abuse, given that they face a greater risk of destitution and poverty.

Our key recommendations are:

  • Article 9 – Nationality: An immigration law that refuses protection to a large number of people is not adequate and needs to be reinterpreted with greater sense of humanity and commitment to international human rights standards.

  • Article 11 – Employment: The UK Government ought to stop denying asylum-seekers the right to employment. 

  • Article 12 – Health: The UK Government ought to address the policies which contribute negatively towards asylum-seekers mental health problems. 

  • Article 13 – Economic and Social Benefits: Vulnerable women must never be released from accommodation without alternative and suitable accommodation in place.

  • Specific recommendation for Article 19 – Violence against Women: The Domestic Violence Bill 2019 is an opportunity to protect all women in UK society, and must not leave anyone behind.

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