The number of people landing on England’s southern beaches after making the dangerous Channel crossing fell by a third in 2023, but the latest numbers on a government website showed 10,170 arrived between January and May 25, up from 7,395 over the same period last year.
Sunak, who announced the election date on Wednesday, said later this week that asylum seekers who come to Britain illegally would not be deported to Rwanda before the vote casting doubt on one of his Conservative Party’s flagship policies.
The plan has been bogged down by legal obstacles for more than two years, and the opposition Labour Party, which is about 20 points ahead in opinion polls and seen on track to end 14 years of Conservative rule, has promised to scrap the policy if it wins the election.
The Illegal Migration Act was passed by Parliament on 18 July 2023. It was introduced by the UK Government into the House of Commons on 7 March 2023, when UNHCR expressed profound concern at the implications of what would amount to an asylum ban in the UK.
The Act extinguishes access to asylum in the UK for anyone who arrives irregularly, having passed through a country – however briefly – where they did not face persecution. It bars them from presenting refugee protection or other human rights claims, no matter how compelling their claim may be. In addition, it requires their removal to another country, with no guarantee that they will necessarily be able to access protection there. It creates sweeping new detention powers, with limited judicial oversight.
UNHCR, the UN Refugee Agency, is profoundly concerned by the asylum bill introduced by the UK Government to the House of Commons today. In its current form, the Bill compels the Home Secretary to deny access to the UK asylum system to those who arrive irregularly. Rather than being provided with protection, these asylum-seekers would instead be subject to detention in the UK, while arrangements are pursued to remove them to another country.
The legislation, if passed, would amount to an asylum ban – extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances.
The effect of the bill (in this form) would be to deny protection to many asylum-seekers in need of safety and protection, and even deny them the opportunity to put forward their case. This would be a clear breach of the Refugee Convention and would undermine a longstanding, humanitarian tradition of which the British people are rightly proud.
Most people fleeing war and persecution are simply unable to access the required passports and visas. There are no safe and “legal” routes available to them. Denying them access to asylum on this basis undermines the very purpose for which the Refugee Convention was established. The Convention explicitly recognises that refugees may be compelled to enter a country of asylum irregularly.
Based on the Home Office’s most recently published data, the vast majority of those arriving to the UK in small boats over the Channel would be accepted as refugees were their claims to be determined. Branding refugees as undeserving based on mode of arrival distorts these fundamental facts.
International law does not require that refugees claim asylum in the first country they reach. Returns or transfers to safe third countries may nonetheless be appropriate if certain thresholds are met – in particular, if Refugee Convention rights will be respected there, and the arrangement helps share the responsibility for refugees equitably among nations. The framework in place between EU member states is an example of such an arrangement. Currently, the UK is not part of any such agreement, and its bilateral arrangement with Rwanda fails to meet the necessary international standards. As such, asylum-seekers arriving in the UK irregularly would find themselves in limbo, unable to claim protection in line with the Convention.
UNHCR shares the UK Government’s concern regarding the number of asylum-seekers resorting to dangerous journeys, not only across the Channel but also elsewhere, as in the Mediterranean. Making the asylum system work is key to tackling this challenge. Fast, fair and efficient case processing, as well as enhanced reception conditions, would accelerate the integration of those found to be refugees and facilitate the swift return of those who have no legal basis to stay. UNHCR has presented the UK Government with concrete and actionable proposals in this regard and welcomes constructive, ongoing efforts to clear the current asylum backlog. UNHCR continues to support the UK Government in strengthening its asylum system and addressing such challenges directly.
UNHCR will also continue to work with the UK Government to expand safe, regular pathways for refugees to reach the UK, including through resettlement. While critical, these remain very limited, and can never substitute for access to asylum.
UNHCR also welcomes the UK’s enhanced dialogue with France and encourages efforts to enhance regional cooperation with its European neighbours to address current challenges.
We urge the Government, and all MPs and Peers, to reconsider the Bill and instead pursue more humane and practical policy solutions.
The UK Government website has a published guide for new refugees that can be found here.
Citizens Advice’s website has a useful explanation of what you should expect after you get refugee status—that can be found here.
Refugees have a right to apply for welfare in the UK, in line with nationals in the country. More information can be found here.
If you are a refugee, you will be able to work in the UK without any restrictions. You will just need your National Insurance number – this is a unique set of letters and numbers that is printed on your Biometric Resident Permit card. More information can be found here in Chapter 4.
If you are an asylum seeker that has a claim pending or if even if you have been refused asylum, you may be eligible for asylum support.
The three main types of support available are: section 95, section 98 and section 4 support. With this support, you may be eligible for housing and financial assistance, or both.
Section 95 Support
You are eligible for section 95 support if you are an asylum seeker with a pending asylum claim and you are over 18 years old and you pass the destitution test. A person is ‘destitute’ if they do not have adequate accommodation or enough money to meet living expenses for themselves and any dependants now or within the next 14 days.
For more information, please refer to the Asylum Support Appeals Project (ASAP) Factsheet on Section 95 Support.
Section 98 Support
Section 98 is temporary support that is provided to asylum seekers who appear to be destitute and who have applied for section 95 support but are awaiting a decision.
For more information, please refer to the ASAP Factsheet on Section 98 Support.
Section 4 Support
Section 4 support is available for refused asylum seekers that meet a certain set of criteria in addition to passing the destitution test.
For more information on the eligibility criteria and the process for this support, please refer to the ASAP Factsheet on Section 4 Support.
More information on Asylum Support can be found through the UK Government website here.
Can I work if I am an asylum seeker in the UK?
The majority of asylum-seekers do not have the right to work in the United Kingdom. However, the immigration rules allow for people seeking asylum to request permission to work if you have been waiting for more than 12 months on your asylum claim “through no fault of your own”. This may be 12 months after initially claiming asylum, or 12 months after submitting further submissions to be considered as a fresh claim. Those who are given permission can only do skilled jobs on the Shortage Occupation List.
The Migration Justice Project at the Law Centre NI has drafted a guide to help people seeking asylum understand how and whether they can apply for permission to work while their claim is pending. The guide is available in a number of languages: English, Tigrinya, Somali, Farsi, and Arabic.
Asylum seekers can however volunteer whilst their claim is being considered. Volunteering involves spending time, unpaid, doing something that aims to benefit the environment or someone (individuals or groups) other than, or in addition to, close relatives.
