Full report on the current situation with refugees and asylum seekers
September 2023
Refugees continue to be a hot political issue and it is likely to be a hotly contested feature of the next general election. Stemming the flow of cross Channel arrivals is proving to be extremely difficult. This report goes into the current situation in some detail and we are grateful for group member Andrew for compiling it.
As Parliament returns and the conference season looms, small boat crossings are back in the news. Latest figures show more than 800 people crossed the Channel in small boats on 2nd September. The latest provisional government data put the figure at 872 people in 15 vessels, suggesting an average of about 58 people in each one.
The cumulative figure for 2023 now stands at a provisional 20,973. The previous high for a single day this year was on 10 August when 756 people made the crossing. The total for the year so far is still lower than at this time last year, when 25,000 people had made the journey. The record for a single day since current records began in 2018 was 1,295 on 22 August 2022.
This week (one day into the new parliamentary session) Immigration Minister Robert Jenrick set out the next stage in the government’s immigration clampdown. Alongside the Illegal Migration Act against arrivals on small boats, he opened a second front focusing on people who employ, house or otherwise abet illegal immigrants.
Businesses that employ undocumented migrants are already liable to fines, and landlords are obliged to check whether prospective tenants have permission to reside in the UK. The penalties for not doing so will be increased threefold (up to ten times for a repeat offence).
A new focus of the policy is the pursuit, by the so-called professional enablers taskforce, of lawyers “who help migrants abuse the immigration system.” This follows newspaper reports earlier this year of cases where solicitors had colluded in false asylum claims and wilful deception to get refugee status. The maximum jail term for conviction in such cases will be life imprisonment – longer than the 10-year tariff reserved for extreme cases of fraud; longer in fact than the 14-year maximum for indecent assault of a child. The maximum penalty need not be the standard, but it is still revealing that the government thinks lawyers who help migrants break the rules (in ways not yet specified) should spend so long behind bars. It was noted that this only seems to apply to lawyers, not to Home Office staff…
Both these new crimes are already illegal; the only difference is the increased supervision and penalties. Colin Yeo at Free Movement has noted an increase in activity at the Home Office. These are his comments and summary of the current situation for migrants:
“The Times reported on 3 September 2023 that just over 2,000 asylum decisions were made in the previous week. Some of these may have been so-called “withdrawals” — essentially, the Home Office taking an asylum seeker off the books for some minor perceived or actual administrative failure by the asylum seeker — but it looks like a lot of proper decisions must be being made as well. This is reported to be in large part because full asylum interviews have been dropped for asylum seekers from Afghanistan, Eritrea, Libya, Syria and Yemen and certain claims from Sudan”.
Basically, it sounds like nationals of those countries are simply going to be granted asylum, subject to security checks. This change is in line with the historic trend of allowing more claimants to stay. The number of asylum seekers returned in 2006 was 18,000, against in 2022, 4,000 (and most of those voluntary.)
The 3 countries with the most applications are Albania, Afghanistan and Iran. Interestingly, the percentage of grants for them are 19%, 98% and 76% respectively.
The overall asylum grant rate for the year ended June 2023 was 71%. Of those who appeal against a refusal, a further 53% win their appeal. So, lots of asylum decisions mean lots of newly recognised refugees plus a relatively small number of failed asylum seekers.
What happens when asylum is granted?
When an asylum seeker is granted asylum, they will have to leave their Home Office-funded asylum accommodation and they will lose their Home Office-funded asylum support. That’s good; asylum accommodation is terrible and asylum support is miserly. It’s part of transitioning properly into British society. They will be granted leave to remain for five years. In theory this can be taken away if their country becomes safe; in practice this is very unlikely. At the end of the five years, they are eligible to apply for settlement, formally called indefinite leave to remain or sometimes permanent residence.
Once they have that grant of legal status and proof of their legal status the idea is that they can either find a job and a place to rent or they can access mainstream welfare benefits if they need to. They absolutely need proof of their legal status because employers will not usually give anyone a job without such proof, nor will landlords rent property to anyone without such proof. At the moment the fines for doing so are £15,000 per worker and £1,000 per occupier respectively. These are due to rise to £45,000 and £5,000 per person at some point in the near future .
And you cannot claim normal welfare benefits without proof of your legal status either, so the Department of Work and Pensions will simply send you away.
The problem is that the Home Office is failing to issue proof of legal status (called a biometric residence permit) promptly but evicting recognised refugees from their asylum accommodation and cutting off asylum support anyway. Newly recognised refugees have no prior notice of what was coming — after waiting for years for a decision, remember — and will have just a few days to find a job or contact their local authority for support.
The result is that a newly recognised refugee will often find themselves with no asylum support but also unable to work or rent accommodation and unable to to access the welfare benefits to which they should theory be entitled. They will almost inevitably therefore be homeless. They will become the responsibility of the local authority where they were then resident.
Local authorities have had as little notice as the refugees themselves.
Free Movement also have thoughts about the Illegal Migration Act:
“If the Illegal Migration Act is ever activated, the government’s plan is that every asylum seeker arriving after an as-yet unannounced date will either be removed to Rwanda or kept in the UK in a new perma-backlog. None of them will ever receive an asylum decision here in the UK. There will be no recognised refugees in future.
“There are two ways it might play out in practice.
“If it goes according to plan, the removal of a relatively small number of asylum seekers to Rwanda will suddenly stop the boats or severely diminish the number of arrivals. Ongoing removals to Rwanda will be necessary to maintain the deterrent effect but not in significant numbers.
“No-one actually thinks that is going to happen.
“It is possible the government will strain every sinew to try and make it happen anyway, building huge detention camps and forcing ever-increasing number of refugees onto flights to Rwanda. Some may be deterred but undetected arrivals would probably increase and anyone not detained will simply disappear into the community rather than risk removal to Rwanda. There will be a large official backlog of people who are either in detention or who have disappeared who will in theory one day be removed to Rwanda. And there will also be a large but unknown number of people who arrived undetected and never claimed asylum because there was no longer any point in doing so.
“Needless to say, creating a large permanent-backlog of people who might one day be removed to Rwanda as well as an unknown number of unauthorised entrants who try to stay below the radar is a questionable integration strategy. The vast majority will in reality stay in the UK permanently, so this approach will cause huge social damage.”
A couple of other items:
- The independent Conservative think tank, Bright Blue, have run a survey on public attitudes towards asylum seekers, which showed how divisive the issue is. On most aspects, half of respondents took a hard line and half a more liberal view. Bright Blue themselves favour a quota system for applicants with “humanitarian visas”. The research can be found at Alternative policies for the UK’s asylum system – Bright Blue
- A local council has ordered the Home Office immediately to halt building work converting a former RAF base into accommodation for asylum seekers. West Lindsey district council served contractors with a temporary stop notice after a “breach of planning control” at RAF Scampton in Lincolnshire. The stop notice has been pinned to the gates of the base, home to the 617 Squadron that carried out the Dambusters raid during the second world war and was also the base of the Red Arrows. The Home Office hopes to accommodate up to 2,000 people there in what it says will be a cheaper alternative to using hotels, where approximately 50,000 asylum seekers are accommodated at a cost of about £6m a day.