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July 10, 2009 Est 1999 Scotland's award-winning independent newspaper
Asylum: The new dawn

A NEW dawn is beginningforthe asylum-seeking communityaftertheHomeOffice begantogrant refugeestatusto many families who havesettledin Scotland.Campaigners are delighted thatthe"legacy"review,designed to clear the backlog of long-standing cases in the legal system, is beginning to bear fruit as integrated asylum seekers with a genuine claim are being given indefinite leave to remain.

A Home Office spokesman said: "We are beginning to tackle the historic backlog of asylum cases dating before the 2004 Asylum and Immigration Act. We promised to accelerate this work and we meant it. We are now resolving a large number of cases every month."

PhilJones,asupportworkerat Glasgow's Unity centre, which offers practical help to asylum seekers, said a new mood of optimism is replacing the uncertainty many have lived with for years.

"A huge number of people have been given status in the past two months," he said. "Every day we're told of more. We used to see one or two positive decisions every six months; in the past week it's been four or five getting status. It's amazing to see people walking around looking so much happier because the stress has lifted."

Immigration lawyer Charles McGinley said his Glasgow firm has received around 100 questionnaires about old legacy cases to complete in the past six weeks, and has already had some clients givenindefiniteleavetoremainin Scotland.

"Common to all these cases is that they have been in the system for some time and usually had been unsuccessful, but, for one reason or another, some now qualify," he said.

The legacy review started last November to deal with 450,000 historic case files throughout the UK, but sorting through the number of duplicate files and training of 1000 case workers has prevented resolutions until now.

Advocatesdealingwithasylum appeals are now seeking clarification from the Home Office about the criteria for judging their clients' cases, most of which have been recently suspended pending the legacy review.

Despite speculation that hundreds of asylum seekers in Scotland will be given refugee status by Christmas, the Home Office insists it is clearing the backlog on a case-by-case basis, and removals would continue where appropriate.

A spokesman said: "Each case will be looked at on its own merits. There will be no amnesty policy. If someone has no right to remain in the UK, they will be removed - forcibly if necessary."

The Scottish government recently waived university tuition fees for children of asylum seekers in school for three years and has lobbied the Home Office on behalf of Glasgow's asylum community.

A Scottish government spokesman said: "We are pleased to hear that legacy review is proceeding - many of these families have been here for many years and it is right that they are given the opportunitytobuildtheirlivesin Scotland."

John Donaldson, head of immigration at Glasgow City Council, is confident the city will welcome refugees now able to work and further integrate incommunities."Peopleneedhelp through the process of changing from asylum seekers to becoming citizens," he said.

"Dealingwithalargenumberof people changing their status in a short period of time is a challenge, but it's one we'd welcome. There is a robust jobs market that should accommodate these people. I hope that a significant number can be dealt with and get positive decisions by the end of the financial year."

Despite the welcome move to clear long-standingcases,immigration lawyers are concerned that new asylum applications are being rushed through the system and are not being given enough time to establish a case.

The New Asylum Model established in November 2006 was aimed at introducingafasterlegalprocesswithan emphasisonrapidintegrationor removal to prevent future backlogs. First decisions were to be given within 30 days and cases fully resolved within six months.

Fraser Latta, an immigration specialist at law firm Hamilton Burns, said: "It is not giving us enough time or leeway. If people areawaitingevidence,it'sbecome extremely difficult to gather andpresentthatevidenceinthetimescales involved. It puts a lot of pressure on us and the clients.

"When you're dealing with people whohaveexperiencedtraumatic events, it's difficult to cope with the fast-moving process. It can take time to build a sense of trust. In a state of distress, any confusion in details can be used against them."

Charles McGinley, a solicitor at Gray & Co, said lawyers were not always able toobtaintherelevantdocuments quickly. "The fast-track system doesn't really allow you gather medical evidence or prepare them for a Home Office interview," he said.

"You're responding to a timetable that can be very difficult to deal with. Most asylum seekers do not arrive on the shores with a neat dossier of papers. You sometimes feel if people had more time to substantiate their case, they would get a different finding on their credibility."

Phil Jones at the Unity centre added: "I've seen people shaking with nerves, running around trying to find a lawyer to lodge an appeal in a few days. It's a horrible system. We believe there is an institutional bias to trick people to find the weakness in their story."

Yet others claim the aim of dealing with cases quickly is a worthy one, despite practical problems. Sally Daghlian, chief executive of the Scottish Refugee Council, said: "The new asylum model is a very positive development, because the previous system had substantial failings.

"But it isn't operating in the way it should because people aren't able to access legal advice early in the process.

"There is a danger people are not able to fully articulate their cases. The Home Office is driven by targets for time-frames, and there is a danger the desire to meet targets is getting in the way of having a fair decision-making process."

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