Q and A: Iraq asylum returns

By Dominic Casciani
BBC News community affairs

Removals began this weekend (library picture)

Why has the government started deporting failed asylum seekers to Iraq? BBC News explains the implications.

What has happened this weekend?

The Home Office has returned 15 failed Iraqi asylum seekers. The group, all believed to be Kurds, were removed from the UK on flights taking them to the Irbil area of northern Iraq, under Kurdish control.

But until now, it appeared to be too difficult to send people back forcibly. The Home Office now says that while there is significant violence in some areas, other regions of Iraq are not affected to the same degree. As such, it will treat returns on a "case-by-case basis".

Immigration minister Tony McNulty told the BBC: "We're not dropping anyone in a position where they face death. We take very, very seriously the points about safety. I would be very happy if every return was voluntary but we're talking about people who've reached the absolute end of their asylum claim - they have no legitimacy to be in the country."

What do campaigners say?

They are outraged. They say it is far from safe and that those removed were served with their orders so late in the day they were unable to mount any legal challenge.

"This is a deplorable situation. At the very least, people rounded up like this and facing imminent removal should be able to consult a lawyer," said Maeve Sherlock, the Refugee Council's chief executive.

Campaigners believe that the government has acted against the spirit, if not the actual letter, of formal advice from the UN's refugee agency (UNHCR) which closely monitors the impact of returns around the world. Given the nature of the situation in Iraq, it's highly likely that any more returns may face attempted legal challenges, as has happened with other nationalities.

So what exactly did the UN say?

The Home Office says the UNHCR advised that returns were "feasible" to certain parts of Iraq. This is not entirely the whole story. The UN says voluntary returns are feasible -to three northern Kurdish areas - but opposes forced returns.

The agency believes Iraq to be "very, very fragile", and that no-one should be forced home, it accepts that states have the right to follow their own asylum rules.

It adds the Iraqi authorities "are not yet able to protect citizens from violent attacks", particularly people in southern and central Iraq. Anyone returning, the UN argues, should have either family or community links to the target area.

Why are these removals significant?

This is a hugely symbolic move. In February 2004, ministers said they wanted to start returns, but it never happened. But the Home Office sees removals as fundamental to running its asylum policy.

It is under immense pressure from Downing Street on this issue after the prime minister set a target that the monthly rate of removals must exceed the monthly rate of rejected applications.

While the rate of applications has dropped (along with elsewhere in the industrialised world), immigration authorities are set to miss this target.

Isn't this a simple case of sending back people who shouldn't be in Britain?

On one level, yes. But people movements can have wider implications. UN sources fear a sudden mass return of people from key nations like the UK or Germany may destabilise fragile areas.

What's more, with the general lack of security and economic prospects, they believe there is no guarantee that those sent back won't just immediately try to return to Western Europe. Northern Iraqi areas are well known to be part of major international people smuggling routes.

So what about voluntary returns?

The government encourages voluntary returns through the International Organisation of Migration. About 1,000 Iraqis have taken that option, most of them thought to be Kurds.

The UN estimates that since the fall of Saddam Hussein some 253,000 people have voluntarily returned to Iraq from around the world. Most of these returns have been spontaneous returns from neighbouring countries like Saudi Arabia, Iran and Syria.

How many asylum seekers from Iraq are in the UK?

It's very difficult to be exact because of the way the government compiles the figures.

In 2004 there were 1,695 principal asylum applications from Iraqis, a 58% decrease on the previous year. Of decisions that year, only 10 out of 4,815 people were given refugee status while another 185 got discretionary leave to remain.

The number of applicants has continued to fall: In the second quarter of 2004 there were 435 applicants. Almost all UK asylum claims from Iraqis are rejected - and only about 4% of appeals succeed. This is much lower than comparable European nations, says the UN's refugee agency.

So there is an issue with quality of decisions?

The government says not - but campaigners and the UN have regularly called for more work in this area.

The UN, at the Home Office's invitation, audited its asylum decision making process earlier this year. It said there was still a "mixed picture" although some improvements had been made.

The team found instances where case workers either did not properly understand the law or did not properly consider crucial facts on the situation in an asylum seeker's home country.