Category: refugees

Refugee report – May


Immigration, refugees and Rwanda still hot topics

May 2024

Immigration and asylum issues continue to exercise politicians and sections of the media and flights to Rwanda edge closer. We are grateful for this report produced by group member Andrew.

The Safety of Rwanda (Asylum and Immigration) Act finally became law on 25th April.  Since then, two pre-action letters have been sent (i.e. indicating intent to take the matter to court) from the FDA Union (on the grounds that civil servants cannot be expected to break international law) and Asylum Aid (claiming the legislation breaks with international law.)

It is reported that the Home Office is already rounding up refugees to send to Rwanda.  As a result many are going into missing or into hiding – or moving to Ireland.  It has also been said that countries under investigation as possible destinations include Armenia, Ivory Coast, Costa Rica and Botswana.  (Costa Rica has forcefully denied any such idea.)

A further aspect of the legislation is that Rwanda is a ‘monist’ country, meaning that it takes international law directly into domestic law.  This could mean that, if it is recognised that the Act breaks international law, it will, therefore, break Rwanda domestic law. 

The Oslo Peace Research Institute has surveyed the effect of warnings about migration rules as they affect third world countries.  Knowledge of the situation to be faced in Europe varies, but most communities are aware of messaging not to travel.  The effect on young adults has been minimal; indeed in some cases a better understanding of the bar on migrants has tended to raise expectations.

There has been a big increase this year in arrivals from Vietnam, higher even than among Afghans.  Vietnam is known as one of the worst countries for modern slavery, so trafficking appears to be rife.

The All-Party Parliamentary Groups on Poverty and Migration combined this month to produce a report on the effect of recent migration laws.  They considered that it was hard not to conclude that pushing claimants into poverty was a deliberate attempt at a deterrent.  They recommended several changes to the processing of immigrants.  The view that deterrence is not working is endorsed by this week’s report by some Calais-based charities, who note that heavy-handed action by French police to prevent the boats has encouraged the migrants to take to the boats more recklessly so as to avoid them, with dangerous consequences.  This police action is funded by the British Government.

The latest numbers of arrivals have been reduced by bad weather – an increase is expected.  1st May saw 711 arrive by boat.  The backlog of claimants awaiting processing was 83,000 in mid-April; the rate of processing has slowed in the last six months (the pre-2022 backlog, which the Prime Minister claimed had been cleared, still contains 2,300 people.)  The Refugee Council anticipate that, under the new laws, 94,000 are likely to be in permanent limbo by the end of the year.  Homelessness is also on the increase as asylum seekers are ejected from hotels after their claim is accepted.  Finally, the conditions in the Bibby Stockholm have been described as ‘prison-like’ with severe overcrowding.  An FOI request this week revealed that 1,871 children, who may be victims of modern slavery, have dropped off the register meant to support them up to the age of 18.

A depressing picture.

It was agreed the Group would monitor events for information on any proposed flights to Rwanda with a view to taking action, as previously, should Boscombe Down be the chosen airfield for departure.

The Salisbury group was established 50 years ago this year

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Refugee report


April 2024

This month, the report starts with the EU. The Freedom United charity note that so far this year more than 200 people have died trying to leave Libya, many shot by the Libyan Coast Guard. The EU continues to help fund the LCG, and the Institute of Migration say that 600,000 people are trapped in Libya seeking to get to Europe. Needless to say, there are many allegations of breaking international law in this crisis.

Also beyond the UK, the latest news from Rwanda is that, following the lack of progress in deportations, 70% of the properties allocated to receive deportees have now been sold to local buyers. On this topic, the Rwanda Bill returns next week for more ping pong – it could yet go for the Royal Assent within a few weeks. Judges are being given “special training” to ensure speedy delivery of those to be deported to Rwanda, according to the Daily Express. The airline Air Tanker is reported to be in discussions with the government about providing the transport, although they withdrew from previous similar discussions. RwandAir has already declined for fear of reputational damage.

The Prime Minister has claimed that 24,000 irregular migrants were deported last year. Full Fact have checked this and argue that only about 25% were enforced returns, the rest being voluntary. The number of arrivals in small boats this year stands at 4,644 at the end of March – bad weather has reduced the number in the last few days, but the figure is still higher than last year.

Charities and law firms have sent a letter to the Home Secretary seeking a Ukraine-style visa scheme for Palestinians who have family in the UK. The Home Office has also refused to decide on whether to drop the need for biometric data for reuniting family

arrivals from Gaza, although obtaining such data is virtually impossible in the crisis; the Upper Tribunal ruled against the Home Office in two test cases.

In their annual report, the Office of the Immigration Services Commissioner note that the number of immigration advisers at the Home Office is growing, but not fast enough to keep up (and large numbers are leaving).

Finally, back to Europe, where the European Parliament has passed the Pact on Migration and Asylum today (Wednesday 10 April) against votes from the extreme right and extreme left. The 10 provisions of the pact cover issues like relocating from over-immigrated countries, financial allocation, fast-track routes and exchange of data.

A group of 22 NGOs has issued a statement arguing that “while the adoption … is likely to lead to a detrimental degradation of people’s access to protection in Europe, the new Union Resettlement Framework (URF) adopted alongside the Pact offers a glimmer of hope.

“The URF signals the EU’s political support for global resettlement efforts and has the potential to be a step towards advancing solidarity, capacity-building and responsibility sharing. It must now be operationalised effectively to ensure that more people reach safety and find long-term solutions,” the groups, which include the International Rescue Committee and Oxfam, said.

Andrew Hemming

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Refugee News


March 2024

As usual, we lead with Rwanda. The Lords have been inflicting a number of defeats on the government over the provisions of the Bill, and the “ping pong” between the two Houses will reach a climax next week, when we will know which, if any, amendments the government will accept. Further issues have arisen over the role of the civil service in the planned scheme, with the FDA union threatening legal action against the government in the event of a clash with the European Court.

The National Audit Office has calculated the cost of the first (total?) 300 deportees to Rwanda to be £541 million, at £1.8 million per person. Indeed, the cost to date is £20 million with no flights. Ian Dunt has calculated that the cost per asylum seeker generally in 2015/6 was £7062, whereas in 2022/3 it was £20921.

The latest wheeze, as revealed in The Times today (Wednesday) is simply to pay failed claimants £3000 for a  “voluntary return” – to Rwanda.

Figures released this month show that, as of 23 December 2023 the number of asylum seekers waiting for an initial decision was 128,000. The Government, of course, has claimed to have removed most of the legacy backlog, so most of these are new.

The sacking of the Independent Chief Inspector of Borders and Immigration has resulted in the sudden release of the plethora of reports he wrote, which had not previously been published. They mostly concern the implementation of the Nationality and Borders Act 2022 and are generally critical of the Home Office’s performance. It is unlikely that a replacement for Mr Neal will be found before the end of this parliament.

Refusal rates for asylum seekers went up in the last quarter of 2023, with a  third of applications refused. This is unusual, as most applications end up being accepted.

The rules on Ukrainian refugees’ visas changed last week (with 4 hours notice of implementation) – The Family Scheme was closed though the Homes for Ukraine scheme is extended, but will not be processed until 2025.

This week the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, criticised the Rwanda scheme along with certain French actions as acting above the law. She was concerned that two large European nations were giving a bad lead to the rest.

A small boat arrival, Ibrahima Bah, was sentenced this month to 9 ½ years in jail for “facilitating illegal entry, gross negligence and manslaughter “ following the deaths of fellow passengers. He is the first shipwreck survivor in the UK to face such charges and was not a people smuggler, but a refugee left in charge of the boat. The court concluded his age was 20, but he claimed to be 17.

Andrew Hemming

The Salisbury Group was established 50 years ago this year
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Rwanda report


Cross party committee on human rights criticizes the government’s Rwanda policy

February 2024

The Rwanda (Asylum and Immigration) Bill ends its House of Lord’s stage today (12 February) and returns to the Commons. The Bill has been roundly condemned by many human rights and other organisations and the committee said that it is ‘fundamentally incompatible with Britain’s human rights obligations’.

The Supreme Court has already ruled that Rwanda is not a safe country and the government’s attempt to pass a law simply saying it is is bit like passing a law saying water can run uphill. The Committee went on to say ‘the Bill disapplies laws that might prevent and individual’s removal to Rwanda including many of the key provisions of the Human Rights Act.

‘It might also impact on Northern Ireland, that it would both undermine the Windsor Framework and the Belfast (Good Friday) Agreement’.

It also raises the point about UK’s reputation. We have they say, a reputation for respect for human rights of which ‘we should be proud’. 

Immigration, and most recently the Channel crossings, have generated a considerable degree of angst and hostile media coverage. This is not recent and goes back many years and started to emerge as a political force during the Blair years. In many respects it goes back further to various waves of immigrants such as the Huguenots from France, Flemings from the low countries and Jews fleeing Russia. All have been met with hostility of some degree. 

Recent immigrants are cast as not really refugees at all but economic migrants, are cheating the system, are living off benefits and so forth. Newspapers – and not just tabloids but the Daily Telegraph and the Independent – have carried hundreds of negative stories and helped keep the temperature high. The Sun even ran a story that swans were being stolen from the London parks and eaten by immigrants (invented). The raised media attention has increased public concern to which the politicians are obliged to reflect. 

Watch the Amnesty video

Anomaly

A curious anomaly is that people who’s offspring emigrate to live and work overseas (as ‘economic migrants’ no less) are spoken of in terms of pride. Emigrants good: immigrants bad. 

Another curiosity is that many of the politicians leading the hostility and proposing ever harsher measures including deportation to Rwanda, are themselves sons or daughters of immigrants. Priti Patel, Kwasi Kwarteng, Suella Braverman, Rishi Sunak, Danny Kruger and going back further, Michael Howard (Romania). 

The benefits of immigration to this country almost don’t get a look in. In November last year, the government’s own statistics show that around one in 5 of people working in the health service were not born in the UK. Indeed, the service would struggle to survive (even more than now) if these people were not working here. 

The entire debate is based on hysteria. Boat people have assumed a disproportionate sense of anger and fear even though they represent a small proportion of all immigrants to this country. The majority do go on to claim asylum. The hysteria and media mis- and disinformation has resulted in the plan to deport a few hundred to Rwanda, a policy which is performative rather than likely to be effective. 

Sources: Daily Mail, FullFact; Liberty; Hansard, Guardian (accessed 12 February 2024)

The Salisbury Amnesty group celebrates 50 years of existence this year

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Refugee report


Refugees News Summary 

February 2024

The egregious Rwanda Bill continues its course through the House of Lords. Their Lordships defeated the Government on one vote, to say that the treaty with Rwanda should not be ratified until the protections set out in it have been fully implemented. The Committee stage begins on Monday 12th February. The UN High Commissioner for Refugees has commented that the Government’s plans are a “fake response” to migration issues.

The small boat numbers in January were higher than last year at 1335 – this was no doubt due to milder weather.

Ukraine

The visas offered to Ukrainian exiles following the invasion will run out next month, leaving large numbers to their own devices in seeking accommodation. On a related topic, a consultation has begun to reform the allocation of social housing; it is proposed that there be a “UK connection test”, only allowing allocations to those who have been lawfully resident here for 10 years. The increase in pressure on housing for migrants continues to ratchet up.

The question has been asked “Can criminals be denied refugee status?” The answer appears to be “Yes, but the crime has to be serious for this to apply.”

The Independent Chief Inspector of Borders and Immigration is looking into the Immigration Enforcement Competent Authority (sic), which decides claims of human trafficking.

Open Democracy are claiming that vulnerable people including torture victims are being housed on Bibby Stockholm in a potential breach of government guidelines.

Recommended reading: Hein de Haas: How Migration Really Works (Viking, 2024)

Recommended viewing: The Visual Politics of Refugeehood | Gresham College

By Nishat Awan

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Refugee report: January


Latest report on this politically charged problem

January 2024

Refugees and in particular, those arriving via small boats across the Channel, continue to cause considerable concern among the political classes and in the media. Overtaken in the past few days by the Post Office scandal, the matter will burst back into view next week when the Rwanda bill comes back to the Commons.

The total number of “small boats” arrivals in 2023 was 29,437 which was 36% lower than the figure for 2022. Bad weather in the latter part of the year has been a factor. Border Force expect the numbers to rise again in 2024. 20% of the arrivals were from Afghanistan.

On claims, of the 40,000 arrivals between July 2022 and May 2023, 90% applied for asylum. The PM’s claim to have removed the legacy of pre-2022 cases is questionable. The Office for Statistics Regulation is investigating.

The Times reports that Home Office officials can’t clear the rolling asylum backlog, because more than 50,000 claims are for people who are in the U.K. but barred from permanent settlement under new laws passed last year. The paper calls it “indefinite limbo.”

The statistics summary states that of “the 112,138 initial asylum decisions made between January and 28 December 2023, 35,119 were non-substantive decisions”. This includes withdrawals, and it seems reasonable to conclude that the vast majority of those 35,119 decisions were withdrawals given that the statistics to the end of September 2023 showed that 18,709 applications had been withdrawn since June 2022, most of these in 2023. It has been clear since last year that the government was using this as a tool to artificially reduce the number of cases.

This means that over 31% of ‘decisions’ that were made in 2023 were probably withdrawals. These are people who are still here and a large proportion of them are likely to be refugees. All that has been achieved by removing them from the asylum system is an increase in the likelihood of them being subject to exploitation, as people who are left outside the system are far more vulnerable to this.

A report in the i (paywall) shows what has been happening with the withdrawal of asylum claims,  Apparently those decision makers who met targets received gift vouchers and those who didn’t were subjected to performance management. In the meantime, those on the receiving end include people who do not speak English as well as those who were living in Home Office accommodation but have been accused of absconding from it.

In Parliament, the Safety of Rwanda Bill returns to its final debate stage next Tuesday and Wednesday (16th and 17th January), when there will be a large number of amendments, the majority of which will fail. The bill will be considered by a committee of the whole house, meaning all MPs can contribute to the committee stage debates which are normally limited to members of a bill committee, and these are the debates where Tory right-wingers will try to toughen the bill. For example, they may try to remove the clause in the bill allowing individuals to appeal against deportation, or to include provisions saying ministers should ignore European court of human rights injunctions stopping deportations flights. Tory centrists may also try to amend the bill to tighten the requirement on ministers to obey the European convention on human rights.

To end on some good news, the Dorset Echo has a report that some of the asylum seekers on the Bibby Stockholm have started working with local charities, particularly those concerned with the homeless. Being prevented from working has left them with lots of spare time and many of them have experience of charitable work in their former lives.

Andrew Hemming

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Write for Rights


This Sunday, 10 December at the Cathedral

December 2023

Past event

Members of the Salisbury Group will be at the Cathedral cloisters from around 10 o’clock on Sunday for our annual Write for Rights and people in Salisbury are invited to come and sign. We must not forget that many people are in prison or at risk of execution often for no more than disagreeing with the powers that be in their country. They have committed no crime but have may said something disobliging or critical of a president, king or other leader and frequently without trial, can end up in prison for many years. Human Rights defenders, lawyers or journalists are all caught up in this activity.

United Kingdom

The situation in the UK is fast approaching a kind of crisis concerning the issue of deporting people to Rwanda. The government will be tabling a bill next week to disapply sections of the Human Rights Act to enable the deportation of immigrants to Rwanda. Previous plans were blocked by the Supreme Court because the human rights situation in Rwanda is unsatisfactory. Refugees sent there were at risk of refoulement that is being sent back to a country where they would be at risk of bad treatment of some kind. A plan last June to despatch a plane load from Boscombe Down, an airfield a mile or so from where this is being written, was halted by the European Court.

The issue of the ‘boat people’ has become a major issue for the government being one of the Prime Minister’s 5 objectives. Although only a small part of the overall level of immigration, it has assumed huge significance to the point where there might be a confidence vote next week if the bill is not passed. Ostensibly, it is partly due to anger around the gangs involved in organising the crossings. The hope is that if the Rwanda deportations can get underway, this will act as a disincentive to people wishing to cross the Channel. There are many who view this as wishful thinking.

Critics, including Conservative politicians, point out that the bill – even if it becomes law – will not prevent claimants appealing to Strasbourg thus delaying the deportation process until way beyond the likely date of the General Election. This is leading some politicians to demand that we leave the European Court as well.

A leading proponent of this is Danny Kruger the MP for Devizes in Wiltshire, who is co-founder of the ‘New Conservatives’ whose ten point plan is built around immigration matters.

The whole matter has reached almost absurd levels. The Supreme Court looked carefully at the evidence and concluded that Rwanda is not a safe country. Critics and journalists are frequently detained and tortured in detention. Opposition is effectively banned. There are disappearances. A new treaty has been signed between the UK and Rwanda a few days ago which claims to overcome these human rights problems identified by the Supreme Court and clear the way for deportations to take place.

It is almost an example of national hysteria combined with false promises coming home to roost. It was claimed that Brexit would enable the UK to regain its sovereignty a benefit of which was to stop boat crossings and reduce immigration generally. Yet recent figures show immigration at a record 745,000. The vast majority are here legitimately and are needed in a range of sectors such as health, horticulture and care homes. These organisations would find operating without them almost impossible. Yet hysteria has been ratcheted up by the media with its focus on the boat crossings. New proposals will prevent family members joining those already here which will cause great anguish in many, many cases.

We have now arrived at a situation where the government wished to disapply parts of the Human Rights Act and even contemplate departing from the European Convention to join Russia which was ejected in 2022. The statements around this matter by local MP Danny Kruger are to be regretted.

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Refugee report: November


Reports focus on destitution and the need for cooperation concerning asylum

November 2023

We are grateful to group member Andrew for his work in compiling this report on the current state of affairs with refugees and asylum seekers. A quiet month on the legislative front, but much noise from certain quarters. It was noted that the Home Secretary’s complaint against “tent-dwellers” included the aside “many of them from abroad”, with its implication of illegal immigrants joining in the supposed lifestyle choice. This was roundly condemned by a number of refugee charities, along with homelessness support groups. 

The Joseph Rowntree Trust have published a report on destitution in the UK. Among its findings was the fact that 28% of destitute households were migrants, and rates for that group were 35% higher than the national figure. Such households also tend to have more children. 

The Institute for Public Policy Research (a centrist think tank) has also published a report, “Charting New Waters”, on dealing with those crossing in small boats. Like the Safe Passage report mentioned last month it is concerned with developing safe routes, an organized Europe-wide system to share the responsibility, and a reform of the asylum processing system. The report does not give much detail, but reinforces the feeling that the government needs to engage with our neighbours in finding solutions to the issue. 

On that topic, the numbers of asylum seekers crossing the channel has been lower this month, mainly because of the weather 

We still await the High Court decision on the Rwanda plan, but the feeling is that the government is prepared to lose the case. This would, of course, put the European Court of Human Rights in the firing line, at least with the Home Secretary. The decision is expected in the first half of December. 

Many Afghans who were promised a safe passage to the UK after the Taliban takeover are still waiting; 3000 who have been promised asylum in the UK are in UK-funded hotels in Islamabad, but the Pakistan government is ejecting all Afghan refugees. There has been no government statement, as far as we know. 

The Home Office has rolled out a new “asylum decision-making prioritisation”. This is really a pushing ahead in trying to reduce the backlog of cases awaiting decision. The government has argued that the backlog has been reduced, but in fact the total has increased due to new cases, while the “legacy” cases from pre-2022 are indeed being reduced. 

Migration lawyers have noted with pleasure that the number of refusals of claims of trafficking by new arrivals has fallen, following a change in the regulations. 

The Home Office announced this week that the number of asylum seekers to be held on the barge Bibby Stockholm is to be reduced from 500 to 425, following a fire risk assessment. This would likely make the provision 10% more expensive than housing claimants in hotels. 

On the campaigning front, next year’s Refugee Week will be from 17th to 23rd June. The theme will be “Our Home.” 

AH

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Refugee summary


The October update on the current state of refugees into the UK
October 2023

The week’s big event has been the start of the Supreme Court’s review of the legality of the Rwanda deportation plan. They are expected to take 3 days to come to a conclusion, but this will not be made known for some weeks. Also, the Mayor of Portland’s planning permission protest against the Bibby Stockholm ship was heard this week (she lost) and the Home Office have reported that claimants will be sent back to the barge from 19th October. In passing, the Home Office is refusing to state the cost of the barge, as it would not be “in the public interest”.

The government’s Illegal Migration Act is facing a court challenge from the Northern Ireland Human Rights Commission (NIHRC) on the ground that it breaches the Windsor Framework. The framework is the revised post-Brexit deal for Northern Ireland, which was agreed by the UK and EU earlier this year. It deals mostly with trade issues but also includes a human rights element. It commits the UK not to water down the human rights provisions that flow from the Good Friday Agreement.

Opening up the UN Refugee Convention to reform would cause the world to “go backwards” on refugee rights, a UN leader has said. Gillian Triggs, UN Assistant Secretary-General, told the One Young World Summit in Belfast that there is a “global environment of populist rhetoric” that is damaging to refugees. The 1951 UN Refugee Convention outlines a number of protections for refugees, including basic minimum standards, and asserts they should not be returned to a country where they face serious threats to their life or freedom.

Suella Braverman

In a trip to Washington DC last month, the Home Secretary, Suella Braverman, said it should be questioned whether the application of the UN’s Refugee Convention is “fit for our modern age”.

Channel crossings

The mild Autumn has kept the small boats coming, the total people arriving for the year so far being just over 25,000. This is down by about 20% on last year, mostly because of the absence of arrivals from Albania. There have been two major reports this month: Safe Passage has been looking at safe routes for prospective refugees and the Refugee Council have looked at the data on arrivals, and discuss the impact of the new Illegal Migration Act. The Refugee Council’s analysis of new Home Office statistics shows that three in every four of the people who have crossed the channel so far this year would be recognised as refugees if the UK Government processed their asylum applications. This is higher than the Refugee’s Council previous analysis of those who made the journey in 2022, which found it was almost two-thirds. The statistics also show that:

More than half (54 per cent) of those who have made the perilous crossing come from just five countries – Afghanistan, Iran, Eritrea, Syria and Sudan.

With the exception of Albanians, the number of people crossing the channel is higher in 2023 compared to 2022.

Analysis based on the data shows that once the Illegal Migration Act 2023 comes into force:

 • Each year, over 27,000 refugees who cross the channel will be denied status in the UK.

 • As few as 3.5 per cent of those people arriving by small boat, 1,297 people, will be removed from the UK to their own country.

 • 35,409 people who arrive in the UK by small boat could be left in limbo each year, having had their asylum claim deemed permanently inadmissible but not having been removed.

• Even with a safe third country agreement in place with Rwanda which allows for up to 10,000 people to be removed there annually at least 25,409 people will be left in a state of permanent limbo each year.

(The Illegal Migration Act The Illegal Migration Act became law on 20 July. The main elements of the Act include the creation of a duty for the Home Secretary to arrange for the removal of anyone who arrives irregularly into the UK – including, but not limited to, those who arrive by small boat. Anyone who is covered by the duty to remove will also have any asylum application or relevant human rights claim deemed automatically inadmissible. )

The Safe Passage report concentrates on devising a better system of dealing with new arrivals. It recommends developing safe routes, not least to end the control of the smugglers, an organized Europe-wide system to share the responsibility, and a recommitment to the UN-based regulations under international law.

The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are allowed to work in any role. These are some of the recommendations in the full review of the shortage occupation list, published this week.

With thanks to group member Andrew for the work in producing this report.

AH

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Refugee report – September


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.
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