Asylum: Afghanistan

(asked on 3rd September 2021) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what recent assessment she has made of whether there is a viable route of return to Afghanistan for the purposes of applications for support under section 4 of the Immigration and Asylum Act 1999; and if she will make a statement.


Answered by
Kevin Foster Portrait
Kevin Foster
This question was answered on 13th September 2021

Afghan nationals who have an asylum claim or appeal which has not yet been decided are eligible to receive support under section 95 of the 1999 Act if they would otherwise be destitute. Furthermore, failed asylum seekers may be supported under section 4(2) of the Immigration and Asylum Act 1999 (1999 Act) if they would otherwise be destitute and meet other conditions set out in the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005.

Regulation 3(2)(c) provides, subject to the individual being destitute, support may be provided where there is no “viable route of return” to the individual’s country of origin. However, this is not considered to be relevant to the current situation in Afghanistan, where the relevant issue is the safety of individuals if they were to return to the country, rather than the practicalities of travelling there.

Failed asylum seekers who consider they would be at risk of harm on return to Afghanistan because of the recent changes in the country are able to lodge further asylum submissions and would therefore be eligible to receive support under Regulation 3(2)(e) of the 2005 Regulations, subject to meeting the destitution criteria.

There are no plans to change the policy so Afghans may not be evicted from accommodation provided under section 95 or 4(2) in any circumstances. Like others supported under the provisions, their support may be discontinued in a number of circumstances, including where it appears they are no longer destitute, where they are no longer living in the accommodation provided to them and where they are granted refugee status and therefore become eligible to take up employment or apply for mainstream benefits.

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