NASS want me to move

Why are asylum seekers being moved?

Sometimes asylum seekers are told to leave their accommodation because they have broken the rules there, or because their asylum claim has come to an end. However, sometimes they are moved because the National Asylum Support Service⁽¹⁾ wants them to move. This advice note is for these situations.

Who is affected?

About 4,000 asylum seekers are currently housed by two private landlords, Roselodge and Accommodata, which have had their contracts ended by NASS⁽²⁾. People living in these homes will have to move out by 21^st October 2004, when the contracts end. This affects households in the main dispersal areas in England and Wales.

Some asylum seekers who applied for asylum before April 3^rd 2000 were entitled to benefits, and if they had children or special needs could get homeless accommodation from the local council. If they are refused asylum and go on to appeal, they lose the right to benefits and council accommodation and have to apply to NASS for support. Most such families with children are likely to be covered by the "backlog clearance exercise"⁽³⁾ and get indefinite leave to remain. Most are also in London.

Asylum seekers currently housed by social services under the interim arrangements may also find themselves transferred over to NASS when the interim arrangements end, which could be in April 2005. In both these latter cases, NASS may, in some circumstances, be able to take over the accommodation from the existing provider, but is under no obligation to do so.

What will happen?

People affected will be sent letters by their current landlord, local authority or NASS informing them about the need to move. The letter from NASS sent to those now housed by Roselodge and Accommodata says:

"Every effort will be made to ensure that, where possible, you continue to live close to your existing community particularly if you have children who are attending local schools. However, this is unlikely to be possible in every case".

Families with children will also get a visit from a NASS official.

NASS and local authorities used to have a policy that people whose children had spent one year at a school would not be moved too far away from that school. This has now changed and so it is possible that families will be moved some distance away, or into another region.

What should I do?

If you are in accommodation run by Roselodge or Accommodata and have not yet had a letter, you should contact your landlord to find out what is happening. Families with children can use the visit to discuss their options and find out where NASS intends to send them. If they have reasons for wanting to stay in the area, these should also be explained at the visit.

If you applied for asylum before 2^nd October 2000 and either had a child under 18 with you then or have one living with you now you are likely to be covered by the backlog clearance exercise, and should have had a questionnaire about it. If one has not arrived you should get advice or write to the Home Office at

PO Box 1541

Croydon

CR9 2YS

Explaining why you believe that you are eligible for the backlog clearance.

If you have also been told you have to move, phone the helpline on 020 8633 0862 and tell them that you are in the backlog clearance exercise and do not want to move before you get a decision about your indefinite leave.

Anyone who has a reason why they cannot be moved from the area or to another area should contact NASS on the helpline 020 8633 0862.

Will the accommodation be suitable?

All accommodation offered by NASS has to meet the needs of the occupants. Problems are likely to occur when asylum seekers and NASS disagree about what a need is. NASS will also find it difficult to allow people to stay in the same area, simply because they will not have enough accommodation for this.

NASS’s new policy on moving schoolchildren is that they will not move families whose children are taking GCSEs, AS or A levels this year if they have spent at least a term in the school. They also have a policy covering families whose children have special needs being met in a particular school or facility. These families will not be moved until a suitable new school or facility has been identified in the new area, and has accepted the children.

NASS have decided that they will prioritise some people they have to move for accommodation within the same area:

families with children in schools (whether they meet the revised policy guidelines or not);
those with special care needs;
asylum seekers who are working legally;
18-21 year olds in education (not ESOL)

They will then look to accommodate people in the region, and if not there, anywhere else. This will not necessarily be in a cluster area (and so may not have, for example, facilities for relevant languages).

The accommodation will be of the right size and type for each asylum seeker.

What if I cannot move there?

It is important that NASS know why it may not be possible for you to move there as soon as possible: tell them on the visit or phone the helpline. It is also important that you put this in writing and collect any proof you may need (for example, medical and school reports).

If you refuse to move you will lose the accommodation. You can appeal against this to the Asylum Support Adjudicator⁽⁴⁾, where you can present your reasons for refusing the offer of accommodation. However, you should get advice immediately before refusing, and ask about the possibility of contacting a solicitor to take action to review the NASS decision. The grounds for such a legal review might include:

That NASS has failed to take your needs into account properly in offering you the new accommodation
That you or a member of your family has special needs that cannot be met in the new accommodation
That your human rights would be breached by the move (for example because you have family members you need to be close to, or because you cannot practise your religion there, or because there is no-one in the new area who speaks your language)

Who can help me?