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Foreword

The policing needs of asylum seekers and refugees represents one of the greatest challenges to the Police Service today. It is only by careful planning and preparation that Forces, in partnership with other agencies, will help successfully integrate asylum seekers into their communities during the determination of their claims and avert the community tensions and disorder which have beset a number of towns and cities over recent months.

This guide explains the process by which dispersal will be managed and identifies key processes which will assist Forces and Basic Command Units (BCU) prepare to receive asylum seekers and police their communities.

The Police Service’s approach will be based upon the following key

principles:-Principles:

Asylum seekers are entitled to the same protection to live free from crime, harassment and intimidation as any other member of our society

The Police Service shares responsibility for the safety of asylum seekers with other statutory agencies and the community. Success will be dependent upon effective partnerships

Asylum seekers who offend will be treated in the same manner as any other offender who challenges the rule of law

This guide has been written according to the provisions and principles enshrined in the Human Rights Act 1998. In writing this guide it has been assumed that officers/staff involved in meeting the needs of asylum seekers and refugees are aware of their responsibilities as detailed in the Act. Every effort has been made to ensure that this guide is compliant with the Articles of the European Convention on Human Rights.

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Acknowledgements

This guide has been the culmination of work over the last year and it would not have been possible without the assistance of many colleagues and partnership agencies across the country and in Europe.

Project Team

DCC Robert Ayling Kent

Supt Chris Eyre Kent

Sgt Paul Fotheringham Kent

D. Supt Andrew Rennison West Yorkshire

DCI Paul Shaw Kent

CI Judith Common Northumbria

Insp Mick Morris Metropolitan

Insp Roger Williams Devon & Cornwall

PC Lynn Button Northumbria

Working Group

CI John Martin Greater Manchester

CI Steve Richards Merseyside

Insp Mike Rumble Sussex

Insp Neil Redstone Dorset

DI D Wood Suffolk

Insp David Morton South Yorkshire

DS Mark Evans West Midlands

PC Bushra Zarif West Midlands

DC Bob Grugal Merseyside

Additional Work

D Supt Dennis McGookin Kent

DCI Kevin Turner Kent

D Supt David Stevens Kent

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Human Rights Accreditation

Jeremy Naunton - Solicitor Force Legal Department, Kent

PS Alex Harrington Kent

The Project Team would also like to thank all those other persons who have given their assistance, from organisations such as the Refugee Council, Kent Social Services, Migrant Helpline, Kent Messenger Newspapers and many other agencies and voluntary groups.

For the use of the cover photograph, thanks to International Care and Relief - improving the lives of young people in the developing world - www.icrcharity.com

Also, the Immigration and Nationality Directorate have provided much assistance with this project and the Utrecht Police, Islamic Bureau, Utrecht, Holland.

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Contents

Executive Summary

Agenda for Action

1: Introduction 11

Annex 1 - A History of Immigration in the UK

2: Immigration & Asylum Processes 15

British Asylum Policy and Processes Asylum Applications

The Asylum Process Asylum Seeker Support

The National Asylum Support Service (NASS) Vouchers

Fraud

Regional Consortia 19

Immigration Liaison Removals

Termination of Support Removal as a Tactical Option

Police Assistance with Removal 22

Recommendations

Annex 2a - The Asylum Process 23

Annex 2b - IND Business 23

Annex 2c - Asylum Appeals Process 24

Annex 2d - NASS Support Arrangements 24

Annex 2e - Immigration Arrest Project 25

Annex 2f - Immigration Form I.M. 3 26

3: Processing of Illegal Entrants 31

Illegal Entry 31

Facilitation of Illegal Entry 34

Recommendations 35

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4: Arrivals and Reception of Asylum Seekers

Information Exchange Asylum Seeker Reception

Useful Contacts and Trouble Shooters Asylum Seeker Documentation Availability of Interpreters Recommendation

Annex 4a - Regional Consortia Contacts and

NASS Regional Manager Contacts 41

Annex 4b - List of One Stop Services

Annex 4c - Useful Contacts and Trouble Shooters Annex 4d - Example Welcome Leaflet

5. Community Policing Issues 49

Community Concerns and Perceptions Crime by the Resident Community Other Issues

Recommendation

6: Police Structures and Systems

Force Level

Basic Command Unit Level. Other Focus Areas

Racist Incidents and Crime Recording Training Strategy

Recommendations

7: Media Strategy

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8: Developing an Intelligence Led Approach

Intelligence Objectives Focus for Intelligence Conclusion

Recommendations

9: Criminality affecting Asylum Seekers 77

Racism and Violence 77

Trafficking and Facilitation 77

Exploitation and Extortion 78

The Sex Trade 78

Organised Crime 79

10: Investigations involving Asylum Seekers 81

The Enquiry 81

The Crime Scene 82

The Investigation 82

Court Room Presentation & Criminal Justice Issues 83

Other Issues 84

Recommendations 85

Annex 10 - Speculative Fingerprint Searches with IND 86

11: Examples of Good Practice 87

Section 5 Warning 87

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Executive Summary

Since 1990, the number of asylum applications in the United Kingdom has increased from 26,000 to over 70,000 in 1999. In response to this trend the Government introduced the Immigration and Asylum Act 1999 with the intention of reducing the number of entrants into the country and speeding up the processes by which asylum claims are assessed and determined. That Act came into effect on 3rd April, 2000 and has resulted in the dispersal of newly arrived asylum seekers to towns and cities across the United Kingdom. Over coming months the changed processes of assessment and determination will see a considerable number of these claimants given refugee status, integration will be a priority. There will also be many thousands having their applications refused and being removed from the United Kingdom.

The Police Service has a key role to play in all stages of the asylum and immigration processes from the time some immigrants are identified as illegal entrants to the country, to the management of the dispersed communities across the United Kingdom and the arrest and removal of unsuccessful asylum claimants. This Guide has been drafted to identify the key features which will affect the Police Service and recommend good practice which will enable Forces to deal with the unique challenges presented by the asylum situation.

The Immigration Service encourages the Police Service to arrest and detain suspected illegal entrants in order that they can identify and register asylum applications at the earliest opportunity. Current policies across Police Forces vary from arresting suspected illegal entrants, to advising them how to contact the Immigration Service and register their claim without being taken into custody. This Guide identifies the need for a range of options which reflect the numbers of asylum seekers being identified as illegal entrants in different Force areas and the capability of the Immigration Service to provide a swift and appropriate response to their detention. Forces should consider formalising their policies in line with the recommendations in the Guide and in consultation with the Immigration Service.

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Forces must recognise that there is a need for long term planning and a commitment to manage the integration of asylum seekers and refugees with local resident communities. A proportion of asylum seekers will be given refuge under the country’s obligations to the 1951 United Nations Convention on Refugees. Other asylum seekers’ applications may be rejected and they may be removed from the United Kingdom. However, the rate of arrival in the United Kingdom currently exceeds the rate of voluntary and enforced removal of unsuccessful asylum applicants. It is reasonable, therefore, to expect that even where asylum seekers’ applications are unsuccessful, they will be replaced by newly arrived asylum seekers. From the perspective of local communities the presence of asylum seekers will appear constant. Without planned action to manage the tensions which may exist between the indigenous population and asylum seekers, significant racial tensions and public disorder may result. This Guide recommends ways in which Forces should seek to approach the integration and management of asylum communities.

Experience over the last 4 years has been that where asylum communities have been established there has been ill informed adverse media coverage which has contributed to heightened local tensions and resentment of asylum seekers. The Guide recommends mechanisms for implementing a co-ordinated media strategy with all other agencies involved with the asylum seekers to ensure a consistent and constructive message is maintained. The difficulty with achieving such a positive media message is significant, the failure to do so may undermine much of the Police Services efforts to limit tensions and maintain community harmony.

The Police Service must be cognisant of the antecedents of asylum seekers arriving into this country. Many will have a significant victim history having fled from areas of conflict, others may have military antecedents, having been involved as soldiers in many of the conflicts in the Balkans, Central Europe and Asia. Others may arrive with established criminal backgrounds and a propensity to offend. This Guide identifies intelligence approaches and systems which the Service should adopt in identifying offending within the community, countering the development of organised crime, and victimisation of vulnerable asylum seekers.

It is extremely likely that over the coming months Forces will experience crimes where asylum seekers are victims, witnesses or offenders. This Guide identifies the problems which will be experienced in investigating these crimes and recommends mechanisms which can limit these difficulties and give Senior Investigating Officers the best opportunities to succeed in their investigations.

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Agenda for Action

This guide identifies a number of key recommendations. They are listed below being numbered by the chapter in which they will be found:

Immigration and Asylum Processes

2.1 - Forces should appoint a liaison officer for their Regional Consortia

2.2 - Forces should ensure that a liaison officer from their region represents the Police Service on the consortia (link to recommendation 6.1)

2.3 - Force liaison officers should establish formal systems of communication between themselves and the regional consortia

2.4 - Forces should appoint liaison officers to the National Asylum Support Service

Processing of Illegal Entrants

3.1 - Forces should review their policy towards the arrest & processing of suspected illegal entrants (including the issue of reclaiming costs)

3.2 - Forces should review their policy in relation to persons suspected of offences under S25 Immigration Act 1971 Facilitation

Arrivals and Reception of Asylum Seekers

4.1 - Develop a local directory of interpreters within asylum groups to assist with general communication between police and asylum communities and to assist in the initial reporting of crime

Community Policing Issues

5.1 - A clear public communications strategy should be agreed by Forces with other statutory agencies. This should be communicated and explained to elected representatives and staff.

Police Structures and Systems

6.1 - Forces should appoint a liaison person/co-ordinator to lead on behalf of the Force on issues surrounding policing an asylum community and to facilitate partnership working (link to 2.2)

6.2 - The Force Co-Ordinator should make early contact with the NASS and regional

consortia to establish mechanisms for information exchange

6.3 - BCU Commanders should consider appointing a liaison officer at BCU level to

lead on issues surrounding policing an asylum community and to facilitate partnership working

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6.5 - BCU’s should conduct an audit and establish a directory of community contacts and voluntary groups involved or who may become involved with the asylum community

6.6 - Crime & Disorder partnerships (LRA) should establish asylum seeker fora involving representatives from the voluntary sector and operational officers from statutory agencies involved with asylum seekers

6.7 - BCU’s should purchase the Refugee Council Guide to statutory and voluntary

agencies working with asylum seekers

6.8 - BCU’s should review their structures for policing the asylum community and should consider implementing the recommended model shown above

6.9 - Forces and BCU commanders should establish mechanisms by which they can be

consulted and influence the housing of asylum seekers by the regional consortia to ensure community harmony

6.10 - Recording systems for racist incidents and crimes should be adapted to distinguish racist crimes and incidents involving asylum seekers

6.11 - Forces should make available documentation in all relevant languages and establish systems to encourage the reporting of racist crimes and incidents

6.12 - Local training packages should be developed for BCUs with information relevant to the local asylum community

6.13 - Forces should review their race and community awareness training to include issues particular to asylum seekers

Media Strategy

7.1 - Forces should consider reviewing their media policy with other agencies

Developing an Intelligence Led Approach

8.1 - Include asylum seekers within the Strategic Intelligence Requirement (SIR) of the Force (based on the National Intelligence Model)

8.2 - Include asylum seekers within the (SIR) of the BCU, giving ownership within the roles described in chapter 8.

Investigations Involving Asylum Seekers

10.1 - Forces should establish protocols with their Social Services Departments which agree (subject to the necessary authorities and

legislation):-i. Detailed registration of juvenile asylum seekers in care homes.

ii. Clear and accessible records to the registrations (for the prevention and detection of crime)

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10.3 - Where forces receive unaccompanied minors Police and/or Social Services departments should establish age verification systems to assist in processing asylum seekers believed to be adult but claiming to be juveniles

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1: Introduction

Over the last decade Europe has experienced a marked increase in the numbers of people entering from outside the E.U. and claiming asylum1. The situation in the United Kingdom has

attracted extensive media coverage and frequent comment by politicians. The United Kingdom is often represented as a ‘soft touch’ whose benefits systems have been targeted by a disproportionately high number of immigrants and perhaps as a consequence, voters in the approach to the May 2000 local elections identified the asylum seeker issue as their third most serious concern after health and education.

While the United Kingdom has been receiving an increasing number of asylum seekers, (see table 1) this is mirrored across other European countries. Given the emotive way in which the situation has been represented, the Police Service has been presented with a major task of ensuring that, while their applications are being processed, asylum seekers are afforded the same rights and protections as any other member of our society. Our success is dependent upon developing the trust of the asylum communities and may often be made more difficult because our first contact with some asylum seekers may be by arresting them as suspected illegal immigrants.

1992 1993 1994 1995 1996 1997 19 98 19 99 0

10,000 20,000 30,000 40,000 50,000 60,000 70,000

Table 1. Asylum Applications Nationally

The arrest and detention of illegal entrants is just the first stage of the asylum process involving the police service. (that is not to say that all asylum seekers are illegal entrants as will be explained in chapter 2). The integration of asylum seekers within resident populations is dependent upon fair and professional policing, working with our partnership agencies to ensure community safety.

The majority of experience in policing the asylum situation has built up in forces in the South and East of England around the main ports of entry. However, in 1998 and 1999 the growth in the size of the resident asylum community caused local authorities in London and Kent to begin informal dispersal of asylum seekers to other areas. It is fair to say that inter-ethnic resentment surrounding the placement of asylum seekers in unprepared communities has led to tension and violence with severe consequences for community safety. The cost of policing this issue has also been extremely high with Kent County Constabulary expending £1.95 million in 1999.

In December 1999 the Government encouraged local authorities across the United Kingdom to relieve the pressure on communities in London and the South East by providing accommodation and support for newly arrived asylum seekers. In April 2000 this arrangement was formalised by the implementation of structured dispersal under the provisions of the Immigration and Asylum Act 1999.

The ACPO Race and Community Relations Committee has prepared this guide to assist forces in policing their existing asylum communities and in preparing to receive new arrivals. It

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has been developed from existing good practice within the UK and Europe and with the assistance of statutory agencies and voluntary groups working with asylum seekers. It is relevant to personnel at all levels of policing.

The guide describes the new asylum and immigration processes and addresses each stage of the asylum process, from arrival in the United Kingdom to integration or removal when the asylum claim is determined. In addition it recommends strategies for dealing with training, management of the media, intelligence development and investigative issues. It does not seek to replicate existing work and should be read in conjunction with other ACPO guidance documents in the specific field of interest, e.g. The Murder Investigation Manual, the ACPO Guide to Identifying and Combating Hate Crime, the ACPO Public Order Manual and the National Intelligence Model.

Annex 1 - A History of Immigration in the UK Main Groups entering the United Kingdom since 1945:

 1945 Poles 135,000

 1947-1949 Latvians 84,000

Lithuanian 2000

East European

 1948 Czech

 1956 Hungarians 14,500

 1972-1973 Ugandan Asians 29,000

 1975-1990 Chileans 3000

 1975-1990 Vietnamese 19,000

 1980s Kurds 15,000

 1986-1996 Dem. Rep. of Congo 15,000

 1986-1996 Former Yugoslavia 12,000

 1988-present Somalians (including pre 1945) 60,000

Refugees in and Age of Genocide, Kushner/Knox, 1999

Refugees: Some global facts

The refugee situation is not just a British or even European problem.

There are estimated to be over 25 million people across the world who are refugees or ‘internally displaced’

Over 50% of the world’s refugees are children

Over 80% of the world’s refugees are women

Top 5 Countries of Asylum:

Iran 2.5 million

Pakistan 1.2 million

Zaire 1 million

Guinea 0.7 million

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Europe receives less than 10% of the total world-wide asylum applications.

Top destinations Countries of origin

Germany Turkey (Kurds)

United Kingdom Former Yugoslavia

Netherlands Eastern Europe (Romania, Slovakia etc.)

France Iraq (Kurds)

Switzerland Sri Lanka

Belgium Afghanistan

Austria Iran (Kurds)

Details supplied by the Refugee Council, London

Per capita head, the UK was 9th in Europe for asylum applications in 1999

Rank Country Applications per 1,000 inhabitants

1 Liechtenstein 16.25

2 Luxembourg 6.78

3 Switzerland 6.48

4 Belgium 3.50

5 Netherlands 2.49

6 Austria 2.49

7 Norway 2.29

8 Ireland 2.09

9 United Kingdom 1.55

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2: Immigration & Asylum Processes

With the large number of persons having entered the UK under the old asylum process, a backlog and long delays for decisions have developed. The Immigration and Asylum Act 1999 introduces fundamental changes to the asylum system and includes measures to discourage unfounded applications, whilst providing protection to those in need. The Immigration and Nationality Directorate (IND) is aiming by April 2001, to decide most asylum applications within two months and most appeals within a further four months. A single comprehensive right of appeal and the recruitment of more staff will support this commitment. Tough new measures have been introduced to help combat clandestine immigration, with a new civil penalty for drivers of vehicles found to contain clandestine entrants of £2,000 for each illegal entrant found.

British Asylum Policy and Processes

The United Kingdom is a signatory of the 1951 United Nations Convention relating to the Status of Refugees and, as such, has an obligation to consider all applications for asylum made within the UK or at our ports of entry.

Definition of a Refugee

Article 1 A (2) of the 1951 UN Convention defines a refugee as one who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country”.

Definition of an Asylum Seeker

An asylum seeker is a person whose claim for asylum has been recorded by the Secretary of State, but whose application has not yet been determined.

Any claim for asylum must be recorded by the Secretary of State, in practice by an immigration officer or at the Immigration and Nationality Directorate (IND) in Croydon. An asylum claim cannot be recorded by a police officer.

Asylum Applications

Over the past decade, the UK has witnessed a dramatic increase in the number of asylum applications received. There have also been general increases in asylum applications throughout Europe. There are many reasons for this, ranging from serious domestic and international problems in countries like the former Republic of Yugoslavia, Iraq, Afghanistan or parts of Africa, to the comparative ease and cheapness of international travel and a growing awareness of what the developed world has to offer.

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The Asylum Process

2

An application for asylum can be made at any time. The two main ways this can be done is either upon arrival in the UK at a port of entry (‘at port’) or ‘in country’. A number having been arrested by the police on suspicion of having entered the country illegally are referred to the Immigration Service. (This guide will not discuss other ways of applying for asylum, like overstaying a visa and a change of circumstance in home country.)

The Immigration Service carries out an initial assessment and interview, takes fingerprints and photographs of all persons claiming asylum and then releases the majority into the community with an immigration form IS96 or a Standard Acknowledgement Letter (SAL), confirming their status. About 800 people are not released and kept in detention at any one time. The Government aims to increase this number to over 2000 within the next two years. A number are given signing-on restrictions to report to local police stations. Due to the numbers involved, the Immigration Service is planning to offer reporting centres throughout the country, as they have in London with Beckett House which is already relieving some of the pressure on front offices of local police stations.

Most asylum applicants are then interviewed in depth, by specially trained staff within the Integrated Casework Directorate of IND, so that they can provide details of their claim. Each application is considered on its individual merits to determine whether the applicant can demonstrate a well-founded fear of persecution in a particular country for any of the 1951 Convention reasons, outlined above.

Refugee Status is granted to those who satisfy the Convention criteria. Once recognised as a refugee, they are entitled to remain in the country indefinitely, apply for travel documents and eventually citizenship.

When an applicant does not meet the criteria for recognition as a refugee, consideration is given to any humanitarian factors which might justify the grant of leave to remain in the UK. Exceptional leave to remain is normally granted for an initial period of four years, after which an application for Indefinite leave to remain would be considered.

If an application for asylum is refused a person will be expected to leave the country or face removal action. All failed asylum seekers have a right of appeal3.

Asylum Seeker Support

Prior to the Immigration and Asylum Act 1999, persons claiming asylum “at port” were referred to the Benefits Agency and those claiming asylum “in country” were directed to the Local Authorities for support whilst their asylum claims were assessed. From experience, asylum seekers tended to stay close to their port of entry or travelled to London concentrating demands for resources on the Local Authorities in the South-East.

Informal dispersal by Kent County Council and London Boroughs spread many thousands of asylum seekers across the United Kingdom. Consequently no agency was able to identify accurately where all asylum seekers were or even how many were being housed in any town.

2 see schematics at Annex 2a,b

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Case Study:- Informal dispersal

London Borough Social Services departments currently support around 60,000 asylum seekers. Many have been housed outside London because of the lack of available accommodation in the capital. This process of dispersal was entirely accommodation led, with little regard given to the ethnic origins of those involved. Consequently conflicts developed by groups housed within the same hotel whose countries were in conflict.

The London Asylum Seeker Consortium now acts for the thirty one Boroughs, liaising with regional consortia to provide a planned and co-ordinated response.

Towards the end of 1999 the Local Authorities in London and the South East agreed an interim dispersal scheme where Local Authorities around the country helped by housing “in country” asylum applicants. The Immigration and Asylum Act 1999 created a new body, the National Asylum Support Service (NASS) manage the support and dispersal arrangements of asylum seekers.

The National Asylum Support Service (NASS)

NASS4 is part of the Immigration and Nationality Directorate. It does not make decisions

about asylum claims, but is responsible for making support arrangements for destitute asylum seekers. It began taking applications on a phased basis on 3 April 2000 starting with applications for support made by newly arrived “at port” asylum seekers. Since then it has also taken on new “in country” claims made in Kent. By the End of the year 2000, all “in country” claims made in the remaining areas of the country will come under the new arrangements. Those asylum applicants who are currently receiving support from the Benefits Agency or Local Authorities within these regions, will continue to do so until they receive their next negative asylum decision (refusal or dismissal of appeal). If they remain eligible for support and are destitute they can apply, and will be similarly phased into the NASS system.

The Home Office is providing funding to various voluntary organisations such as the Refugee Council and Migrant Helpline, to pay for Reception Assistants5 to assist asylum seekers in

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Asylum seekers may apply for accommodation, financial support, or both. NASS Assessment Officers decide whether support applicants are destitute and the appropriate level of support to be granted. NASS Allocation Officers will seek to place support applicants and their dependants in appropriate accommodation throughout the country on a no-choice basis. Where possible they will place applicants in areas where there is already an appropriate ethnic community and existing supporting infrastructures or the potential to develop them. Newly established Regional Consortia will develop relationships to smooth the way to provide local management of support services in the regions and liaise with other Local Authority Services to ensure access to health, education etc.

Vouchers

Essential living needs are met in the form of vouchers that are collected weekly from the main post office. The vouchers will be in a variety of denominations as asylum seekers will not be allowed to receive change. NASS are currently negotiating with a number of shops and stores where the vouchers can be spent. Each shop will display a sign stating ‘Sodexho PASS scheme’ clearly in the window. Samples of the new vouchers have been sent to each force by NASS. NASS can be contacted directly for further samples.

When asylum seekers are dispersed, they are given emergency vouchers which are intended to last for a 2 - 3 week period. Once in their dispersal accommodation, they will be sent a letter instructing them to go to their nearest main Post Office where they will receive a receipt book. The receipt book will enable them to obtain vouchers on a weekly basis (on Monday afternoons) to the value of their entitlement. The vouchers will include “£10 cashback” vouchers, which they can exchange at the Post Office immediately for cash.

At the moment, this service is available only at main Post Offices (of which there are about 600 in the country). NASS are currently negotiating with the Post Office to extend the scheme to selected sub-post offices. NASS are keen that forces are aware of the voucher mechanism.

Fraud

NASS will have primacy for the specific fraud offences outlined in the new Immigration and Asylum Act 1999. It is not anticipated that the Police Service will become involved unless by specific request either way or if officers are called to deal with substantive deception/forgery offences which should be dealt with in the normal way.

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Regional Consortia

The areas for dispersal of asylum seekers and refugees cover the whole of the United Kingdom and are split into regions to enable the development of regional consortia. (see Annex 4a)

The consortia performs an enabling role in respect of the dispersal of asylum seekers into a specific region to ensure the developm ent of a range of services and to ensure effective partnership working across all sectors. The Consortia have the following aims and objectives:

The effective co-ordination of services at local and regional level

The development of strong links with NASS through effective channels of communication being established

The demonstration of accountability in the delivery of services irrespective of sector

Provide upwards of 40% of housing need under contract to NASS

A ‘one voice’ or unified approach to asylum seekers and refugee issues to ensure

effective public relations and media management

All agencies being fully aware of roles performed by those contributing to the enabling role

Consistency in the delivery of services and standards achieved

In addition to the above the Consortia is also responsible for the development of an enabling structure to support dispersal arrangements. The structure which is based on a model proposed by the LGA is highlighted below. It is important that the Police Service is represented at all levels of the Regional Consortium and Forces are encouraged to develop a close working relationship.

Immigration Liaison

It is likely that Forces will need to liaise with the Immigration Service over the asylum communities established in their areas. It is important that all officers are aware of how the Immigration and Nationality Directorate is structured and works in order to contact the appropriate department. NASS may be able to offer information on specific asylum seekers who have claimed support as their database should have names, addresses, dates of birth as well as information about the asylum claim. Contact NASS Performance Monitoring on 020 8633 0812 or 0586. However, for the latest information on the progress of an asylum claim, and for those who have not made a claim for support, enquiries should be made to the Immigration and Nationality Enquiry Bureau, Evidence and Enquiry Unit on 020 8760 3018. NASS will only supply personal data following the conditions of the Data Protection Act 1998 and the Immigration and Asylum Act 1999. See Chapter 4 and Annex 4b.

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Removals

Once an asylum seeker has been refused asylum and they have exhausted all avenues of appeal (if they have taken that route), they are expected to leave the country voluntarily, or be removed. Details of the refusal will be sent to the enforcement arm of IND who will make arrangements for enforced removal if the person does not leave. In practice, only a small proportion of persons actually leave or are removed. One of the main difficulties is that Immigration Officers have not used the powers of arrest given to them in the Immigration Act 1971 and, as a matter of policy, have relied on the Police Service to assist them. Under the Immigration and Asylum Act 1999, Immigration Officers have been given additional powers which in effect should limit the need for police involvement. There is currently a pilot scheme running in East London where the Metropolitan Police are assisting the Immigration Service in setting up a removals team6. This is currently only London Based but, if successful, will

spread from the London over the next year. (See also Page 22, Police Assistance with Removals)

Termination of support

Once a claim for asylum has been completed, IND aim to notify support bodies, like the Benefits Agency. The back log which has developed over the last 2 years prevented this from happening with the result that many thousands of people who have been refused asylum are still living in the United Kingdom and receiving benefits.

Under the new support system, NASS will give 14 days notice for removal of support and notice to leave the accommodation provided. This is to encourage people then to leave the country. Families will be able to stay in accommodation until they are removed or their youngest child reaches the age of 18. There are also some people who cannot be removed from the country who may be able to access accommodation via the ‘Home Office hard case provisions’ e.g. pregnant women/judicial review process.

A major concern is that there may be a large number of people who have had their asylum claims refused, remaining in the country illegally. With benefits and support ceasing, this may result in (as victims or

offenders):- Undeclared and illegal working

Vulnerability to influence by organised crime gangs as victims

of:- Murder

Extortion

Illegal working

Sex trade

Benefit fraud (fake or duplicate National Insurance numbers)

Criminal activities due to lack of support (thefts/deceptions)

Re-identification for new asylum claim

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This may have the knock on effect on the communities that the people live in:

No effort to integrate as they are not being supported

Unsettled communities

Until the new Immigration automated fingerprint system is procured and rolled out (by mid 2001), duplicate claims will exist. Immigration forms are available illegally through organised gangs enabling people to claim benefits and more importantly obtain National Insurance numbers.

Removal as a Tactical Option

With the current back log of asylum claims, there may be a small number of persons claiming asylum who are criminally active and who are eventually likely to have their asylum claims rejected. Presently these people will just be sitting in the queue committing criminal offences with limited chance of them being removed.

Where an asylum seeker, or anyone else subject to immigration control who has attained the age of 17, is prosecuted for criminal offences, the Police Service can serve an immigration form IM37 prior to sentencing. This gives a judge the authority to recommend deportation to

the Home Office for any offence carrying a prison sentence. However, practice has developed where the form should be served at time of charge, otherwise a recommendation for deportation is unlikely.

In practice, deportation will only be ordered at the end of a sentence for serious offences. If the Police Service has difficulty collecting evidence to prosecute an offender, but has strong criminal intelligence that they are involved in serious offences, the Casework Directorate of IND (see Annex 4d for schedule of useful contacts) can be approached for these offenders to be processed more quickly in terms of their asylum claims. Be aware that the criminal intellegence will not feature in the asylum claim. Difficulties may remain in keeping track of the person with a chance of them disappearing.

Case Study - ‘fast-tracking’ offenders

The ACPO working group negotiated a pilot scheme in Kent with the Casework Directorate of IND, to supply the details of an asylum seeker who was committing serious offences based on intelligence as the collection of evidence for a prosecution was proving difficult.

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Police Assistance with Removal

Even with changes in the legislation giving greater powers to the Immigration Service, there is an expectation that there will be police involvement in removals. The government has announced targets of up to 60,000 removals over the next 2 years and the Immigration Service will need support for this kind of enforcement. Also, the removal of refused asylum seekers is a politically sensitive issue which will achieve a higher profile as determinations of claims increases and, where NASS look to evict failed asylum seekers from their accommodation it is likely that the police will be involved in preventing any breaches of the peace. Forces may wish to enter into local agreements about assistance with removal of specific failed claimants. The impact of police involvement may include:

Conflict with ‘community support role’

Loss of trust within asylum community

Negative media coverage

Impact on local community

Potential for public disorder

Huge resource implication

The resource implication for the Police Service is of great concern to ACPO and they are actively seeking a memorandum of understanding with the Immigration Service to take to the ACPO Chief Constables Council at time of first publication.

Recommendations

2.1 - Forces should appoint a liaison officer for their Regional Consortia

2.2 - Forces should ensure that a liaison officer from their region represents the Police Service on the consortia (link to recommendation 6.1)

2.3 - Force Liaison Officers should establish formal systems of communication between themselves and the Regional Consortia

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Annex 2a - The Asylum Process

at Port

Apply Decide Appeal Enforce

In Country • Allocate Case

• Review Country Info

• Interview • Consider • Refuse • Grant Refugee

Status • Grant ELR

• Issue Notice of Hearing • 1st Hearing • Substantive

Hearing • Determination • Appeal to

Tribunal • Further Appeal • Judicial Review

• Issue Intention to Deport • Sign & Serve

Deport Order • Set Removal

Directions • Handle

Representations • Remove

Ports Appeal Tribunal JudicialReview

Asylum Leave to Remain R ef us e Visit Education Illegals R ef us e R ef u se F ai l F ai l F ai l

R e t u r n H o m e

Enforcement S ta y Travel Documents Nationality Passports

Provided for by kind permission from the Immigration service

Annex 2b - IND Business

at Port

Apply Decide Appeal Enforce

In Country • Allocate Case

• Review Country Info

• Interview • Consider • Refuse • Grant Refugee

Status • Grant ELR

• Issue Notice of Hearing • 1st Hearing • Substantive

Hearing • Determination • Appeal to

Tribunal • Further Appeal • Judicial Review

• Issue Intention to Deport • Sign & Serve

Deport Order • Set Removal

Directions • Handle

Representations • Remove

Ports Appeal Tribunal JudicialReview

Asylum Leave to Remain R ef us e Visit Education Illegals R ef us e R ef u se F ai l F ai l F ai l

R e t u r n H o m e

Enforcement S ta y Travel Documents Nationality Passports

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Annex 2c - Asylum Appeals Process

Home Office IND Appeal to Special Adjudicator Appeal to Tribunal Court of Appeal Outcomes Voluntary

Departs Absconds Removed

Matters of Fact

& Judgement Mattersof Law

Asylum Refused Appeal Rejected Appeal Rejected

No Appeal to Tribunal allowed

‘Certified’

Remit for re-consideration* Remit for re-consideration* Remit for re-consideration*

Judicial Review Judicial

Review JudicialReview JudicialReview

Refugee status granted Outcomes Judicial Review/ Appeal

* Remit for reconsideration is discouraged, authorities are encouraged to resolve cases on the spot wherevever practicable

Information supplied by NASS

Stage 1: Claim Asylum

Applicant Submits a claim for asylum to the Immigration Service

Stage 2: Claim Support

Asylum Seeker who has applied for asylum at a port claims support*, as they are

destitute.

New Support Arrangements Apply

A/S directed to nearest Voluntary Sector Reception Assistant to complete their claim for support & arrange emergency

support Application sent to NASS

Stage 3: NASS accept support claim

Confirm applicants asylum and destitute status. Provide full support for duration of asylum application (accommodation, or vouchers, or both)

Stage 3a: NASS refuse support claim

The A/S must support themselves with no recourse to other government agencies. Rules of employment

remain unchanged.

If Accommodation. required NASS disperse A/S to cluster areas. (NASS have contracts with private

and council landlords). If A/S has arranged own accommodation NASS will only provide Vouchers

Voluntary Sector Reception Assistants are providing One Stop Shops in each region to act as a focal point

for harnessing voluntary and community support for A/Ss

Stage 4: Refugee Status or Exceptional Leave to remain given.

A/S now able to obtain support as any other citizen.

Stage 4: Refugee Status refused.

Any support stops following appeal procedures. A/S who has applied for asylum in-country claims support as destitute. Remains under current local authority support until autumn

(not Kent) A/S does not claim support and can live

where they wish until application decided. Rules on employment of A/S remain

unchanged

‘in-country’ applicants claiming Provided for by kind permission from the Immigration service

Annex 2d - NASS Support Arrangements

Home Office IND Appeal to Special Adjudicator Appeal to

Tribunal Court ofAppeal Outcomes

Voluntary

Departs Absconds Removed

Matters of Fact

& Judgement Mattersof Law

Asylum Refused Appeal Rejected Appeal Rejected

No Appeal to Tribunal allowed

‘Certified’

Remit for re-consideration* Remit for re-consideration* Remit for re-consideration*

Judicial Review Judicial

Review JudicialReview JudicialReview

Refugee status granted Outcomes Judicial Review/ Appeal * Remit for reconsideration is discouraged, authorities are encouraged

to resolve cases on the spot wherevever practicable

Information supplied by NASS

Stage 1: Claim Asylum

Applicant Submits a claim for asylum to the Immigration Service

Stage 2: Claim Support

Asylum Seeker who has applied for asylum at a port claims support*, as they are

destitute.

New Support Arrangements Apply

A/S directed to nearest Voluntary Sector Reception Assistant

to complete their claim for support & arrange emergency support Application sent to NASS

Stage 3: NASS accept support claim

Confirm applicants asylum and destitute status. Provide full support for duration of asylum application (accommodation, or vouchers, or both)

Stage 3a: NASS refuse support claim

The A/S must support themselves with no recourse to other government agencies. Rules of employment

remain unchanged. If Accommodation. required NASS disperse A/S to

cluster areas. (NASS have contracts with private and council landlords). If A/S has arranged own accommodation NASS will only provide Vouchers

Voluntary Sector Reception Assistants are providing One Stop Shops in each region to act as a focal point

for harnessing voluntary and community support for A/Ss

Stage 4: Refugee Status or Exceptional Leave to remain given.

A/S now able to obtain support as any other citizen.

Stage 4: Refugee Status refused.

Any support stops following appeal procedures.

A/S who has applied for asylum in-country claims support as destitute. Remains under current local authority support until autumn

(not Kent) A/S does not claim support and can live

where they wish until application decided. Rules on employment of A/S remain

unchanged

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Annex 2e - Immigration Arrest Project

Immigration Pilot Project

Pilot scheme in the London Borough of Newham to enable Immigration Officers to work without police in detecting and removing immigration offenders, where there is no need for a police officer to be present. New powers under the Immigration and Asylum Act 1999, allows immigration officers to:

Execute warrants to search for persons and to search premises

Search a person who has been arrested

Search premises for evidence and documents relevant to the arrest

Seize and retain relevant evidence and documents

All members of the designated Immigration enforcement team received special training prior to the launch date. Police trainers delivered training on legislation and procedures, including arrest/ restraint personal safety techniques. Outside consultants delivered further training on

Community and Race Relations issues.

The pilot commenced on 26 February 2000 and in the first two weeks the Immigration team visited 48 home addresses and made 13 arrests. In most cases Immigration transport was used to convey prisoners to police stations, all prisoners were removed from police cells within 24 hours. Eight of the detained persons have been removed, the others await appeal or assessment decisions. Those arrested may have been failed asylum seekers, which is the category of cases the scheme is designed to target.

Success of this operation is dependent on accurate intelligence information and the number of Immigration Officers employed. On initial findings the pilot is considered a success. There have been no major problems and no adverse reaction by the local community. The pilot has now been extended to the boroughs of Barking and Dagenham, with a view further limited expansion in the Met and elsewhere early next year. There are plans for purpose built detention

arrangements to be available by 2001, thus removing the need for any police involvement in these low-risk cases.

Earlier this year the Immigration Service opened a reporting centre for immigration offenders at Becket House in South East London where the pilot team is based. More are planned and this will lessen the pressure on local police stations, and should reduce the workload for station staff whilst improving charter standards for other customers.

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Annex 2f - Immigration Form I.M. 3

Immigration Act 1971

Section 6(2)

Notice As Regards Liability To Deportation

1. Under the provision of the Immigration Act 1971, a court may recommend the deportation of a person who has attained the age of 17 years and who, on being charged with an offence punishable with imprisonment, is found to have committed it, unless the court is satisfied that the person is not liable under the provisions of the Act to be recommended for deportation.

2. A person is not liable to deportation if he or she is

-a. A British citizen, as explained in paragraph 4 below, or

b. A Commonwealth citizen who, immediately before 1st January 1983, had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force, as

explained in paragraph 6 below, or

c. A Commonwealth citizen or a citizen of the Republic of Ireland who was such a citizen on 1st January 1973, who was on that date ordinarily resident in the United Kingdom and who has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man [see note (iii)] for a period of at least 5 years ending with the date of conviction [see note (vi)].

3. Section 3(8) of the Act has the effect that, if any question arises whether a person is a British citizen or is exempted from liability to deportation, it lies on him to prove that he is.

4. Acquisition of British citizenship is governed by Part I of the British Nationality Act 1981. A person will be a British citizen

if:-(a) He was either born in the United Kingdom (including for this purpose the Channel Islands and the Isle of Man) on or after 1st January 1983 to a mother or father [see note (ii)] who was at the time a British citizen or settled here [see note (iii)], or legally adopted in the United Kingdom on or after 1st January 1983, provided that the adopter or, in the case of a joint adoption, one of the adopters, was at the time of the adoption a British citizen: or

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(c) He has been registered or naturalised as a British citizen and has not renounced his citizenship (or, if he has renounced it, has resumed it and not subsequently renounced it); or

(d) He became a British citizen on 1 January 1983 by virtue of Section 11 of the British Nationality Act 1981, by either:

(i) A person who, immediately before that date, was a citizen of the United Kingdom and Colonies who had the right of abode in the United Kingdom (as explained in paragraph 5) and was not within the exception set out at the end of this sub-paragraph; or

(ii) A person who, immediately before the date, was a citizen of the United Kingdom and Colonies having registered under Section 12(6) of the British Nationality Act 1948 under arrangements made by virtue of Section 12(7) (registration in independent Commonwealth country by United Kingdom High Commissioner), having been so registered on the basis of his descent in the male line from a person who was born or naturalised in the United Kingdom.

Exception: A person registered as a citizen of the United Kingdom and Colonies under Section 1

of the British Nationality (No 2) Act 1964 (stateless persons) on the ground that his mother was a citizen of the United Kingdom and the Colonies at the time of his birth will not become a British Citizen on 1 January 1983

unless-(a) His mother became a British Citizen under Section 11(1) of the British Nationality Act 1981 or would have done so but for her death; or

(b) Immediately before 1 January 1983 he had the right of abode in the United Kingdom by virtue of Section 2(1)(c) of the Immigration Act 1971 as then in force, being a citizen of the United Kingdom and Colonies who had a some time been settled (see note (iii)) in the United Kingdom and islands and had at the time (and while such a citizen) been ordinarily resident there for the last 5 years or more (se note (iv)).

(e) He was born in the dependent territory on or after 1 January 1983 to a mother or father (See note (ii)) who was at the time a British citizen, and would, but for this provision, have been born stateless (par 2, schedule 2 of the British Nationality Act 1981).

5. A citizen of the United Kingdom and Colonies will have had the right of abode immediately before 1 January 1983 if he or

she:-(a) Had that citizenship by his or her birth, adoption, naturalisation or registration (see notes (vii) and (viii)) in the United Kingdom (see not (i)), the Channel Islands or the Isle of Man; or

(b) Was born to or legally adopted by a mother or father (see note (ii)) who at the time of the birth or adoption was either a citizen of the United Kingdom and Colonies in one of the ways described in (a) above, or (being a citizen of the United Kingdom and

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(c) Had at any time been settled (see note (iii)) in the United Kingdom, the Channel Islands or the Isle of Man, and had at that time (and while such a citizen) been ordinarily resident for the last 5 years or more (see not (vi)); or

(d) Was or had been the wife of a person within the descriptions set out in paragraph 5(a) to (c) above or of a Commonwealth citizen born to or legally adopted by a mother or father (see note (ii)) who at the time of the birth or adoption was a citizen of the United Kingdom or Colonies by virtue of his birth in the United Kingdom, Channel Islands or Isle of Man, or the wife of a British subject who, but for his death, would on the commencement of the British Nationality Act 1948 (1 January 1949) have been such a citizen of the United Kingdom and Colonies as described in paragraph 5(a) and (b) above (Section 2(1)(a) and (b) of the Immigration Act 1971, as then in force.

6. A Commonwealth citizen will have had the right of abode immediately before 1 January 1983

if:-(a) He or she was a Commonwealth citizen born to or legally adopted by a mother or father who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by birth in the United Kingdom, the Channel Islands or the Isle of Man; or

(b) She was a Commonwealth citizen who falls within the description set out in

paragraph 5(d) above.

Notes

(i) References to citizenship of the United Kingdom and Colonies, where they relate to a date before 1 January 1949, are to be read as references to British Nationality, and the United Kingdom, in relation to a time before 31 March 1992, means Great Britain and Ireland.

(ii) ‘Father’ does not include the father of an illegitimate child.

(iii) ‘Settled’ means ordinarily resident in the United Kingdom, Channel Islands or Isle of Man without being subject under the immigration laws to any restriction on the period for which one may remain. Except for the purpose of paragraph 2(c) of this notice, a person is not to be treated as being ordinarily resident in the United Kingdom or Islands during any period when he was then in breach of the Immigration Act 1971 (or of any previous immigration laws). Moreover, a person is not regarded as settled for the purposes of paragraph 4(a) above at any time when he was entitled to an exemption under Section 8(3) (except as set out below) or 4(b) or (c) of the Immigration Act 1971 or, unless the order under Section 8(2) of the Act conferring the exemption in question provides otherwise, to an exemption under section 8(2), or to any corresponding exemption under the former Immigration laws.

Exception: For the purposes of paragraph 4(a) above a person may be regarded as settled

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ordinarily resident in the United Kingdom from the time he became entitled to that exemption to the time of the birth.

(iv) A British citizen ‘otherwise than by descent’ is a British citizen, born, adopted, naturalised or (in most cases) registered in the United Kingdom; or a British citizen born outside the

United Kingdom before 1 January 1983 to a father (see note (ii)) who was at the time serving outside the United kingdom and Islands (a) in Crown service under the Government of the United Kingdom, or (b) in service of any description at any time designated under Section 2(3) of the British Nationality Act 1981 (see note (iv)), and who was recruited to that service in the United Kingdom or (c) who was at the time in service under a European Community institution, and who was recruited in a country which was at the time of recruitment a member of the communities; or a British citizen born on or after 1 January 1983 to a father or mother (see note (ii)) who was at the time serving in one of these types of service and who was so recruited.

(v) The services which have been designated under Section 2(3) of the British Nationality Act 1981 are as follows:

(a) Service as a Governor, an official, a judge or a magistrate in a United Kingdom dependency;

(b) Crown service under the Government of the United Kingdom where the crown servant is temporarily on secondment overseas;

(c) Overseas service by certain civilians who are subject to the provisions of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;

(d) Service under the North Atlantic Treaty Organisation; (e) Service under the Commonwealth War Graves Commission;

(f) Service under the British Council provided that the employee is paid wholly from the British Council funds;

(g) Service under the British Tourist Authority.

(vi) Any period of 6 months or more which a person has spent in a prison or other place of detention serving a sentence following conviction of a criminal offence does not count towards residence.

(vii) This does not include citizenship acquired by registration under Section 6(2) of the British Nationality Act 1948, by virtue of marriage on or after 28 October 1971 to a man who had citizenship of the United Kingdom and Colonies.

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NOTICE TO BE SERVED UNDER SECTION 6(2) OF THE IMMIGRATION ACT 1971

To ...

You have been * (charged with an offence which, if you are found to have committed it,

(

(found to have committed an offence which

carries with it, in addition to any sentence which the Court may think proper, the possibility of a recommendation that you should be deported under the Immigration Act 1971. The notice below sets out the grounds on which you may claim to be exempt from liability to deportation; for example, because you are a British citizen; or you are a Commonwealth citizen and one of your parents was born here; or because you were resident here on

and have had your home here for at least 5 years (excluding any period of 6 months or more spent in prison).

A current passport will usually indicate if the holder is a British citizen and not therefore liable to deportation; and a Commonwealth citizen may hold a certificate of entitlement in proof that he has the right of abode and is not therefore liable to deportation.

You should study the notice carefully. If you think that any of the grounds for exemption applies to you, it will be up to you to prove it at the proper time, if the need arises. Meanwhile, you are asked to show that you have received the notice by signing the form of receipt below.

(The above is not part of the notice and should not be regarded as a statement of the law).

* delete as applicable

___________________________________________________________ ________________

ACKNOWLEDGEMENT OF SERVICE OF NOTICE PURSUANT TO SECTION 6(2) OF THE IMMIGRATION ACT 1971

I have been served in pursuance of Section 6(2) of the Immigration Act 1971 with a notice describing the classes of person in respect of whom a recommendation for deportation may, and may not, be made and containing a statement of the effect of Section 3(8) of that Act.

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Date ...

Initials of officer serving the

notice ...

Form 2880

Figure

Table 1. Asylum Applications Nationally

References

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