Refugee Report – June


Refugee Summary

Following the frenetic events of the last week, it is probably worth taking a moment to see where we stand on the refugee front, 60 years after the first Commonwealth Immigrants Act began the process of legislating against incomers. The Nationality and Borders Act has now brought into force more of its provisions, including a Home Office explanation of  ”differentiation” between different types of refugee (the proposed two-tier system).  The effect is that it will take longer for some arrivals to be granted residency and harder for them to bring family to join them, but the changes are not huge, according to human rights lawyer, Colin Yeo, who commented:

The policy exemplifies Priti Patel’s modern Home Office.  It pretends to be tough as old boots but in reality it creates genuine but fairly minor problems for very vulnerable people with no likely policy outcomes achieved.  What it does do is make more work for officials, thereby worsening the backlogs in the asylum system.  It is not just pointless; it is actually counterproductive.

However, AI has commented in its monthly report to local groups the effect of the government’s effective withdrawal from the UN Refugee Convention (See foot of page).

The Afghanistan Citizens’ Resettlement Scheme (ACRS), which had opened in January, and is meant to take 20,000 refugees, has now added guidance on those seeking to come via Pathway 3 (mostly employees of UK organisations in Afghanistan).  Three groups have been established; those who had places allocated, but missed out (who will be assisted); those who came via the UNHCR (who can now begin to be referred) and those others at risk, such as women and girls (1500 places allocated).

In May, 2,871 migrants were apprehended crossing the Channel by small boat compared with 1,627 in May 2021, a 75% increase. Similarly, during the first three months of 2022, 4,540 people were detected arriving by small boats compared with 7,432 during the last half of April, May and June after the MoD took over.  The Navy is said to be keen to be let off enforcing control f the Channel, a policy on which they were not consulted.

By mid-June 77,000 Ukrainian refugees had entered the UK and 135,000 visas issued.  It may be noted that Germany has so far taken 700,000 refugees.

Although the courts have not yet decided whether offshoring asylum seekers to Rwanda is lawful, the Home Office plans further flights.  The HO said “No court has actually ruled that this partnership is unlawful and that includes the ECHR.”  Thanks are due to group members Peter and Lesley for protesting the planned flight from Boscombe Down and subsequent press appearances.

On the subject of tagging claimants, a 12-month pilot scheme is planned to test its value as a monitor and for collecting data – it is already in use for those on bail.

On the vexed issue of the actual ages of asylum seekers, the Home Office is recruiting 40 social workers to help assess claimants’ ages using “scientific” methods.

Statistics
  • Asylum claims Jan-Mar 2022 12,508 (for 2021 2,022)
  • Main countries of departure – Afghanistan, Iran, Iraq, Syria, Eritrea
  • Number waiting more than 6 months for a decision Q1 70,000 in 2017 the number was 14,000)
  • 75% of applicants receive grants of protection (Syrians are at 98%).
  • It is worth noting that the equivalent percentage in 2010 was 25% and in 1995 4% (with fewer applicants, iof course).
  • The number of enforced returns in 2020 was 3,000 (in 2010 15,000),
  • And voluntary returns 5,000 (against 30,000).

Clearly, asylum seekers are far more likely to be granted residence now than in earlier years, but are subject to far longer waits for the process to complete. Whether the new Act will alter this is open to debate.

Also: –

The Napier Barracks, which became notorious as an inadequate location for prospective arrivals, has been deemed to have improved since the original aim.  No immigrants now will spend more than 90 days there.

A Lords Committee looking into the document “Life in the UK”, prepared for those seeking settlement or citizenship, have described it as a “random election of obscure facts and subjective assertions.”

Refugee Week was held in late June this year, but passed with disappointingly little media coverage. AI supported a number of events under the umbrella.

Amnesty’s comment on the new refugee legislation:

On 28th June, the UK’s interpretation of the definition of a refugee and the rights to which every person who is a refugee is entitled will significantly change from that required by the Refugee Convention. What does this mean? It means the government is unlawfully rewriting its shared obligations under international law. To the extent, it is dangerously undermining what our country, not only agreed to, but helped draft and negotiate in 1951. 

These changes are lawless and reckless.  Its consequences directly contradict our values of shared humanity and compassion and have been rightly rejected by the UN High Commissioner for Refugees, leading lawyers, and former senior judges in the UK.

Here are five things you need to know:

  1. The evidence refugees need to provide will become overly obstructive and wrongly prevent some refugees from proving their status and rights, making the lives of people that have fled war and persecution even harder.
  2. People who claim asylum based on their sexual identity or orientation being the cause of the persecution they face, will need to meet extra tests.  This will exclude thousands from the asylum they are entitled to and that they need to safeguard them from persecution.
  3. Refugees that arrive or enter the UK without prior permission will be penalised, both by criminal prosecution, imprisonment and by exclusion from their full rights to asylum in the UK, directly violating the Refugee Convention. 
  4. It will lead to the government refusing asylum to those who arrive or enter the UK without prior permission, presenting a grave risk that people are sent back to torture and other forms of persecution.
  5. It will discriminate between refugees in the UK by denying many of them their full and equal rights to asylum under the Refugee Convention. It will leave them:
  6. Insecure by periods of short-term permission to stay that must be constantly renewed by formal application
  7. Impoverished by exclusion from public funds
  8. Separated from family by denying or delaying family reunion rights.

Andrew Hemming

Refugee developments


Issues to do with refugees and immigrants continue to make waves in the UK

The main development post-Christmas 2021 on the UK refugee front has been the announcement of plans for the proposed Afghan Citizens’ Resettlement Scheme, originally promised in the Summer. Ministers confirmed that the resettlement scheme will open this month, providing up to 20,000 Afghan women, children, and others most at risk with a safe and legal route to resettle in the UK.

The ACRS will build upon the UK’s continuing efforts to support those at risk, alongside the relocation of British nationals, and those who supported our armed forces through the Afghan Relocation and Assistance Policy (ARAP).

The ACRS will prioritise:

  • those who have assisted UK efforts in Afghanistan
  • extremely vulnerable people such as women and girls at risk and members of minority groups

Minister for Afghan Resettlement, Victoria Atkins, said:

“We are committed to supporting everyone we have evacuated from Afghanistan to make a success of their new life in the UK. I’m very grateful to everyone who has stepped forward to help. The Afghan citizens resettlement scheme provides a safe and legal way for the most vulnerable and at-risk people from Afghanistan to come to the United Kingdom and rebuild their lives, as part of the New Plan for Immigration. Operation Warm Welcome is a huge national effort which could not succeed without the compassion and determination of our partners in local government, the private sector, voluntary organisations and the great British public. “

Further details will be set out this month, but a row has immediately broken out about how many of the refugees are among those already in the UK and whether the “most vulnerable” will be able to be resettled before 2023.

In 2021 a total of 28,300 refugees and asylum seekers arrived in England by boat, three times the number for 2020. The largest number arrived in November, many of them from Afghanistan. The sharp increase in numbers is at least partly accounted for by the reduction in ferry crossings post-COVID and the tighter control of lorries using the Channel Tunnel.

Government figures show that only 1,171 refugees were granted protection through resettlement schemes in the year to September.

Border Force officers are threatening to strike in response to Home Secretary Priti Patel’s Channel “pushback” tactics. The Public and Commercial Services Union (PCS) said it was “totally opposed” to Patel’s tactics, which would see Border Force jet skis block and redirect migrant boats in the Channel back toward France. Both PCS and the Care4Calais charity have announced they’ll take the Home Office to court over the policy, while PCS General Secretary Mark Serwotka said his members could go further by striking and refusing to implement it.

Home Office policy

The Independent revealed that the government has given more than £700,000 to a “migration behaviour change” company that runs communications campaigns targeting asylum seekers in their home countries.

The Home Secretary ‘s latest thinking on asylum seekers seems to be directed at keeping even tighter control of those awaiting decisions. Under the Home Office’s “new plan for immigration”, Patel is expected to announce early in the new year that small boat arrivals will be electronically tagged.

Ministers also hope tagging working-age people will make it harder for them to work illegally while their asylum claims are processed, and make it easier to remove those whose application for asylum has failed. The plan has been described as “desperate and draconian” by the chief executive of the Joint Council for the Welfare of Immigrants.

New bill

The Nationalities and Borders bill continues its progress, having now had a second reading in the Lords. The government’s current emphasis was expressed by Home Office minister Tom Pursglove, who said that the government was reforming its approach to asylum through its new plan for immigration.

“Seeking asylum for protection should not involve people asylum shopping country to country, or risking their lives by lining the pockets of criminal gangs to cross the Channel,” he said. “The nationality and borders bill will make it a criminal offence to knowingly arrive in the UK illegally and introduce life sentences for those who facilitate illegal entry into the country. It will also strengthen the powers of Border Force to stop and redirect vessels, while introducing new powers to remove asylum seekers to have their claims processed outside the UK.”

Free Movement have concluded that the changes to the bill have made it worse, mainly in the area of making it more difficult for asylum seekers to get hearings: “This Bill will entrench existing problems: people with a legitimate basis to stay in the UK – and genuine grounds to fear removal – can be removed without effective access to justice. Making it legally easier to remove people from the UK in principle does nothing to make the system any more efficient in practice. Greater effort should be made to increase the quality and accuracy of Home Office decision-making in the first place.”

Bridget Chapman, a blogger and refugee charity worker has noted the Home Office’s claims about the ages of migrants – her comments follow (courtesy of Free Movement)

  1. The Home Office has suggested that over 1,100 adults have lied and pretended to be child asylum seekers over the past year
  2. The Home Office has weaponised this claim and has used it to undermine sympathy for young refugees, saying they are not genuine children but predatory adult men
  3. Actually the figures are misleading anyway because of the completely inappropriate and inadequate ways in which assessments are made after young people arrive
  4. They are also misleading because many of the age assessments which find them to be adults are subsequently overturned (those pesky activist lawyers again, damn them)
  5. The Home Office is now promising ‘scientific methods’ for accurately assessing young people’s ages
  6. These methods don’t exist
  7. Much of the media are reporting on these ‘scientific methods’ and uncritically regurgitating Home Office press releases
  8. We should all be really cross about that
  9. There is a real danger to the many asylum-seeking children who are wrongly assessed as adults and have their safeguarding put at risk as a result
  10. Those of us working on the ground with young refugees have serious and growing concerns about this.

However, the biggest attacks on the bill have been about Clause 9, the ability of the Home Secretary to remove British citizenship more easily than at present. It has been suggested that this leaves up to 6 million citizens in jeopardy of such an eventuality.

On campaigning, note that the organisers of Refugee Week will be holding their planning conference online on two dates:

Monday 7 February 1030am – 1245pm
Friday 11 February 1030am – 1215pm

Places are available.


Other bills which will have an effect on human rights were discussed in a previous post.

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