In terms of analysis, the interview and workshop data were subject the qualitative thematic analysis using specialist computer software. Descriptive statistics were used for the quantitative survey results. The limited sample size precluded the use of more sophisticated statistical techniques. The limitations of the research include the relatively low response rate to the survey, which means that the findings around the practices of international ombudspersons should be seen as exploratory. This limitation was mitigated to some extent by conducting follow up interviews with survey respondents and by discussing the findings and sharing experiences with international colleagues during the international expert roundtable. While the research included some participants with lived experience, it relied predominantly on information provided by civil society organisations and public bodies. That said, there was a high degree of congruence between the themes and issues identified in workshops and interviews and the views expressed by asylum seekers and refugees who took part in the lived experience group. While the number of interviews conducted is appropriate to a qualitative project of this nature, further interviews may have helped to capture additional perspectives that are not reflected in this report. Finally, it should be noted that the research sought to surface people’s subjective views and experiences, recognising that these may be at odds with those of others involved, or be based on underlying divergences with regard to perceived factual circumstances. Quotes from research participants presented later in this report represent the personal views and opinions of participants. Entitlement to public services for asylum seekers and refugees in Northern Ireland Immigration policy (including asylum) is an excepted matter under Section 4(1) and Paragraph 8, Schedule 2 of the Northern Ireland Act 1998. 6 This means that only the UK Parliament can make laws in this area. The UK Home Office is responsible for the asylum application process and also has powers to provide support to asylum seekers (including accommodation) under Sections 95 and 96 of the Immigration and Asylum Act 1999. The Home Office has contracted Mears to provide accommodation and support services for asylum seekers in Northern Ireland and other parts of the UK. 7
As noted above, this report is concerned with devolved public services (that is, public services which fall under the responsibility of the Northern Ireland Assembly). As such, it is not concerned with the actions of the Home Office nor its contractor in relation to excepted matters. However, as a result of operating in Northern Ireland, issues arising in Mears provided accommodation may engage the responsibilities of devolved public services. The example that will be discussed later in this report relates to the safeguarding of children. The Children Order (Northern Ireland) 1995 provides the statutory framework for child safeguarding and applies to all children in Northern Ireland. In relation to devolved public services, the research has concentrated on housing, health, and education and has focused only on asylum seekers and refugees. 8 In relation to housing, as noted above, asylum seekers’ accommodation falls under the remit of the Home Office. For refugees, the Northern Ireland Housing Executive has a duty to make provision for those who are homeless under the Housing (Northern Ireland) Order 1988. The same rules on statutory homelessness apply to refugees as to other members of the public. Similarly, refugees can apply for social housing and their applications will be considered in the same way, under the provisions of the Housing (Northern Ireland) Order 1981 and the Housing Selection Scheme Rules. In relation to health, health treatment is not considered a public fund and therefore does not fall under the “no recourse to public funds” rules set out under Section 115 of the Immigration and Asylum Act 1999. Some migrants may be charged for certain types of healthcare, however, Regulation 9 of the Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015 makes clear that such charges do not apply to asylum seekers and refugees. 9 In relation to education, school education is also not considered a public fund and is therefore available on an equal basis to asylum seekers and refugees. 10 In relation to further education, asylum seekers and refugees are entitled to free English for Speakers of Other Languages (ESOL) courses. Colleges’ normal fee policies apply for other courses. 11 The general position is that students aged 16 – 18 studying level 1 to 3 courses are able to access college courses for free, while those aged 19+ will be charged tuition fees. 12
6 Paragraph 8: Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents. 7 https://www.mearsgroup.co.uk/news/mears-awarded-three-asylum-accommodation-and-support-contracts 8 The situation of asylum seekers whose claims are unsuccessful was not included in the scope of this research, although this group faces particularly acute challenges. See: Northern Ireland Community of Refugees and Asylum Seeker. 2017. Living in Limbo: The Life of Refused Asylum Seekers. Available from: https://naccom.org.uk/ wp-content/uploads/2017/06/NICRAS-BOOK-16-MAY-07-mail.pdf [Accessed 9 March 2025]. The research has also not considered issues specifically relating to those granted humanitarian protection or other forms of leave to remain. 9 The British Medical Association has produced a helpful toolkit outlining entitlement to healthcare for asylum seekers and refugees in the UK: https://www.bma.org. uk/advice-and-support/ethics/refugees-overseas-visitors-and-vulnerable-migrants/refugee-and-asylum-seeker-patient-health-toolkit/refugees-and-asylum-seekers-entitle- ment-to-nhs-care [Accessed 12 March 2025]. 10 https://www.nidirect.gov.uk/articles/asylum-seekers-and-refugees-education-and-childcare [Accessed 12 March 2025]. 11 https://www.economy-ni.gov.uk/sites/default/files/publications/economy/FE-circular-10-22-access-ESOL-classes-FE-colleges.pdf [Accessed 12 March 2025]. 12 https://commonslibrary.parliament.uk/financial-support-for-further-education-students/ [Accessed 12 March 2025].
10 | Access to Public Services and Access to Justice for Refugees and Asylum Seekers in Northern Ireland
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