Presentation given by Marai Larasi, Sumanta Roy, UK at a FEANTSA Research Conference on "Migration, Homelessness and Demographic Change in Europe", Pisa, Italy, 2011

1. A PLACE OF SAFETY?
MAKING THE LINKS: BME (BLACK,
MINORITY ETHNIC) WOMEN, GENDER-
BASED VIOLENCE, HOMELESSNESS &
M I G R AT I O N – A U K P E R S P E C T I V E
M A R A I L A R A S I M B E A N D S U M A N TA R O Y
IMKAAN
2011

2. IMKAAN AT A GLANCE
 National 2nd tier charity formed in 1998
 Provide support for Black, Asian, Minority Ethnic (BME)
Women’s Services working around Violence Against Women
issues
 Work includes – strategic advocacy, research, training &
capacity building
© Marai Larasi and Sumanta Roy

3. DOMESTIC VIOLENCE AT A GLANCE
 1 in 4 women will experience domestic violence at some point in
her life
 Women are much more likely to be victims of repeated incidents
of domestic violence
 Women are more likely than men to have experienced all types
of intimate violence (partner abuse, family abuse, sexual assault
and stalking) since the ages of 16
 BME women face higher levels of post-separation abuse
 Over 50% of BME women interviewed in one survey reported
abuse from multiple perpetrators including in-laws
© Marai Larasi and Sumanta Roy

4. ASYLUM & IMMIGRATION AT A GLANCE
 Approx. 500-600 women experiencing violence with immigration and
asylum issues
 Out of 429 women who wanted help to leave only 9% were housed
 A quarter of women accessing refuge provision had insecure
immigration status. For 92% of women threats of deportation were a
common part of abuse.
 70% of women seeking asylum reported having experienced physical
and/or sexual violence.
 Limited research on numbers of asylum-seeking women who have
experienced intimate partner violence or other forms in host countries
e.g. forced marriage, female genital mutilation
© Marai Larasi and Sumanta Roy

5. WHY CONSIDER BME WOMEN?
 All groups of women who are subject to violence share similar
experiences
 However, BME women are dealing not just with their experiences of
the violence from their perpetrators but are also dealing with issues of
racism and marginalisation within wider society
 There has been a tendency to ‘other’ VAWG in BMER communities
which serves to silence and marginalise rather than address the
root causes.
@ Marai Larasi and Sumanta Roy

6. WHY CONSIDER BMER WOMEN?
 A BME woman escaping violence with linked asylum/immigration
needs will experience multiple layers of disadvantage and
discrimination.
1. As a BME woman
2. As a woman
3. As a woman experiencing violence
4. Potential other areas e.g. disability, sexuality
5. Because of her immigration position – pathologised as a migrant
over and above need for support
© Marai Larasi

7. IMMIGRATION POLICY
 Immigration rules (paragraph 289): women who have experienced
domestic violence who were admitted as spouses, civil partners
or partners can apply for Indefinite Leave to Remain (ILR)
 Violence perpetrated by other members of the family also included if
sponsor did not support or protect the woman.
 On the basis of evidence that the relationship broke down
because of domestic violence before the end of the probationary
period and that the woman was in a continuing relationship.
© Marai Larasi

8. IMMIGRATION POLICY
 Whilst an application for ILR is being assessed she is classed
as having ‘no recourse to public funds’
 Evidence of relationship breakdown: includes police report,
legal injunction, report from an NGO, medical professional,
social services, evidence from child contact proceedings.
© Marai Larasi and Sumanta Roy

9. FROM POLICY INTO PRACTICE
PROMISE ISSUES
 Offers protection to small
 Immigration rules proportion of women
respond to the needs of experiencing violence
women experiencing  Only applies to women on
domestic violence spousal visas i.e. trafficked
women, migrant workers,
student or visitor visas
excluded
 Women from other EEA
countries excluded
© Marai Larasi and Sumanta Roy

10. SUPPORT FROM LOCAL AUTHORITIES
 National Assistance Act 1948 – if you prove that you are destitute
AND that you are in need of care and attention you can apply for
accommodation and support e.g. from a domestic violence refuge
 In need of care and attention means i.e. physical health, disability or
mental health needs - R (M) v Slough (2008) in the case of a woman
who was HIV positive.
 Children Act 1989 – obligation to provide services to children who are
defined as ‘in need’ e.g. children cared for by women with
insecure immigration status.
© Marai Larasi

11. FROM POLICY INTO PRACTICE
PROMISE ISSUES
 Multiple layers of disadvantage
 Access to support and discrimination
(community care services  Homelessness staff in housing
authorities and Social Services
including rarely trained (therefore
accommodation) from understanding is variable)
 Inconsistent interpretations of/or
Local Authorities to lack of policies
protect women and  Leads to women being moved
from borough to borough,
children. children taken into care, difficult
to meet criteria for destitution
© Marai Larasi

12. WHAT WORKS
 After considerable lobbying from women’s groups the
Government recently implemented the Sojourner project
(access to 40 working days funding for refuge
accommodation whilst immigration position is being
resolved by UK Borders Agency) (UKBA).
 Pre-2010 no funding was available to support women when
they leave – when they are at most risk from further violence,
exploitation, potential homicide, destitution and returning to the
perpetrator
 Extended to April 2012 and now looking at a more permanent
solution (changes in welfare benefit rules)
© Marai Larasi

13. FROM POLICY INTO PRACTICE
PROMISE ISSUES
 Doesn’t apply to women on
 Women experiencing
non-spousal visas
violence can access
refuge accommodation
 Contradictions between
and applications for
policies of different
settlement are fast- government departments e.g.
tracked legal aid cuts; specialist
women’s groups
© Marai Larasi

14. WOMEN & ASYLUM
 The UK is one of the few countries across the EU to have
developed gender-guidelines (Home Office, 2004, revised
2006)
 Women go through separate system managed by UKBA, a
department of the Home Office.
 Process involves screening interview, assessment of asylum
claim with a case-owner
 Potential dispersal and detention in an Immigration removal
centre (IRC)
 Policy change in 2011 – children no longer detained
© Marai Larasi

15. DOES NOT WORK WHEN:
 Gender guidelines are not routinely implemented or monitored
 No guarantee that case-owner or interpreter will be female
 Case-owners have a lack of understanding on how and when women will
disclose when they have experienced sexual, domestic and other forms of
violence
 Interviews conducted with children present
 Quality of decision–making poor and based on arbitrary reasons
 Conditions of detention are not gender-sensitive and make women feel
unsafe
 Lack of appropriate advocacy
 Cuts to legal aid and specialist charities
 Immigration Tribunal judges have no training on gender-based violence
© Marai Larasi

16. OVERVIEW
 There have been a number of positive developments in the UK
 However, until there is a genuine application of an equalities-
based framework and gender-based proofing responses
 The system will continue to be adversarial, poor and varied
responses that do not serve the direct needs and interests of
BME women.
© Marai Larasi and Sumanta Roy

17. IMKAAN
Marai Larasi: director@imkaan.org.uk
Sumanta Roy: research@imkaan.org.uk
www.imkaan.org.uk
© Marai Larasi

18. THE END!!!
© Marai Larasi and Sumanta Roy