From: LSE APCT Treat Official [mailto:LSEAPCTTreatOff@homeoffice.gsi.gov.uk]

Sent: 03 October 2011 13:00

To: ‘sylingam@googlemail.com‘

Removal of failed asylum seekers to Sri Lanka

TO165934

Dear Mr Yogalingam

Thank you for your e-mail of 27 September to the Deputy Prime Minister about the return of failed asylum seekers to Sri Lanka. Your letter has been passed to me to reply.

I can assure you that returns to Sri Lanka are only undertaken if the UK Border Agency is satisfied that the individual has no protection needs. The UK Border Agency takes its international responsibilities seriously and fully complies with the UKs obligations under the 1951 UN Refugee Convention and the European Convention on Human Rights. The UK Border Agency carefully considers all asylum claims and human rights claims, including those from Tamils, in accordance with its international obligations against the background of the latest country information.

The UK Border Agency does not accept that all Tamil asylum seekers are in need of international protection. The Government believes that the right approach is to consider the needs of individuals on their particular circumstances. With regard to Sri Lanka, this view was endorsed by the European Court of Human Rights in the case of NA v UK 2008 and the Asylum and Immigration Tribunal in October 2009. If an applicant demonstrates a need for international protection, asylum is granted. If their application is refused, they have a right of appeal to the Immigration and Asylum Chamber of the First and Upper Tier Tribunals. In this way, the UK Border Agency ensures that protection is provided to those who need it.

The UK Border Agency’s Country of Origin Information Service closely monitors the situation in all countries that generate asylum seekers to the UK and provides material from a wide range of sources for use by UK Border Agency officials involved in the asylum determination process. Significant changes in country conditions are communicated as required. The most recent Sri Lankan Country Report was published on 4 July and can be found at: www.ukba.homeoffice.gov.uk/policyandlaw/guidance/coi.

The UK Border Agency is aware of the alleged violations of international law by both sides during the conflict in Sri Lanka and the importance of an independent investigation into these allegations. However, protection needs are assessed on the risks that individual asylum seekers face in relation to the current country situation rather than risks they may have faced in the past.

Where a decision has been made that a person does not require international protection and there are no remaining rights of appeal or obstacles to their return, individuals are expected to return to their country of origin. The UK Border Agency would prefer that people who have no right to remain in the UK leave voluntarily, but will enforce the return of those who do not do so. In co-operation with Refugee Action’s Choices service, the UK Border Agency operates Assisted Voluntary Return schemes to help individuals to leave with dignity. These programmes provide a means of return that is both dignified and helps individuals’ rebuild their lives in their country of origin. Details are available on Refugee Action’s web site at: www.refugee-action.org.uk.

The UK Border Agency’s returns policy is kept constantly under review and decisions are taken in the light of prevailing circumstances. It does not enforce the return of individuals unless it is safe to do so, with a safe route of return.

Yours sincerely

London and South East Region

Asylum Policy Correspondence Team


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