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

Refugee report


Many of the boat people are from Afghanistan

August 2023

The tragic events in the English Channel this week have served to draw attention to the fact that most of the asylum seekers affected by the disaster were from Afghanistan. This might invite the question: “But I thought that Afghans were the one group for whom official arrangements to come here had been made?” Indeed, there are two official processes by which Afghans can come to this country to escape persecution. One is the Afghan Relocation and Assistance Policy, designed to help those who had been involved with the UK administration pre-Taliban, and several thousand have arrived through this route. Asylum seekers arriving now may have worked with the British and been left behind or not, but clearly most feel threatened by any connection they may have had with the old regime. The Afghan Citizen Resettlement Scheme (ACRS) was designed for such cases.

So how has the ACRS been performing? A new report by the Refugee Council gives a gloomy assessment. The plan was to take 5,000 refugees in the first year and 20,000 in total. So far, 54 Afghans have arrived under ACRS; many are waiting in Pakistan for arrangements to be made to bring them over. Accommodation in the UK is not available however and, as the report notes, those 9,000 Afghans currently being accommodated in hotels here will be ejected at the end of the month to find their own places or become homeless.

Afghans arriving via the Channel will be sent back

Hence the large number of Afghans arriving on small boats. In the last year 8,429 have come by this route, of whom 96 have been given leave to stay. Of course, under the new Illegal Migration Act, none will be given that right and will in theory be returned to Afghanistan or a third country like Rwanda.

The report goes on to note that no method has been established to help reunite the families of asylum seekers with those who are here, despite assurances  from the government.

The Guardian has published an article by the Council’s chief executive, Enver Solomon, which gives more detail.

UPDATE: Shortly after posting this, the BBC Radio 4 programme ‘World at One’ devoted a lengthy package to this item.

AH

Exiting the European Court possible


Some Conservative politicians again calling for the UK to exit the European Court

August 2023

The issue of the small boat crossings continues to generate considerable passions amongst many in the Conservative party in particular and in sections of the media. This week, the first of the asylum seekers arrived on the barge, Bibby Stockholm, moored at Portland with many local protests, concerns about fire safety and legal protests in train. The response to the protests and appeals from the deputy chair of the Conservative party, Lee Anderson, broke new ground when he said that if they weren’t happy with the accommodation they should ‘f–k off back to France.’ When interviewed on GB News he declined to withdraw the remark and he has received support from others in the party.

Part of the frustration that some feel is possibly based on the misunderstanding about the Court and its relationship with Europe. Brexit was largely based on a desire to regain our sovereignty and the fact that the Court has nothing to do with the EU has come as a surprise and disappointment to those who believed it did. When the Court stepped in to stop the first flight to Rwanda a year ago from Boscombe Down airfield (a mile or so away from where this is being written) it generated considerable fury and with it the threat to leave the aegis of the Court.

If we did leave the Court, we would join Belarus and Russia, hardly exemplars of sound government or decent human rights. It would, as one of the key proponents of the Court in the ’50s, be a great blow to our international standing. There are many in the Conservative party who recognise this.

In many respects, the problem of Channel crossings is as a result of successful policies elsewhere to prevent other forms of crossing. Channel ports are now surrounded with razor wire and boarding and aeroplane is now a major exercise in logistics and checking of details. Legal routes barely exist and the ability of someone to claim asylum in their own country is all but impossible. Getting on a boat is almost the only way.

The ECHR is a threat to British democracy

Daily Telegraph, 10 August

In previous posts we have commented on many aspects of the government’s policy and how exporting people to Rwanda – tried and abandoned by Israel – will be of limited utility. Hundreds will be deported, if it comes into being, while the backlog is in the tens of thousands. Ascension Island is also being rumoured: another expensive and impractical solution.

On 18 July, the government passed the Illegal Migration Bill which means those who arrive by crossing the Channel will not be able to claim asylum. This is likely to be a breach of the Refugee Convention, hence the call to exit the ECHR.

It is a pity that the connections between causes and results is not discussed more. The coup in Niger is the latest example of a desire to grab mineral resources. Western countries along with China and Russia, are desperate to secure supplies of these resources and the rights of people who get in the way are nearly always ignored. We are happy for the City of London for example to fund companies and to enable the vast wealth to be routed through the city. We pay little attention to the ‘front end’ so to speak and the activities of corporations in their thirst for rare earths, oil, gold, uranium or other commodities. The resulting conflicts and displacement of peoples, some of whom end up on the northern coast of France, suddenly results in angst and furious editorials in our tabloids. A man reaps what he sows as the Bible tells us. Perhaps if government spent more time concerning itself with the activities of our mining and resource companies then fewer would be forced from their homes and land, dispossessed or otherwise maltreated and fewer would end up at Calais and thence onto a boat. Fewer then would need to f–k of back to France.

UPDATE: 12 August 2023. Migrants taken off the barge because of the risk of Legionnaires disease (11th). Ascension Island no longer an option it is reported.

Refugee report: July


Refugee report with an update on the current state of play with legislation

July 2023

The Illegal Migration Bill continues its dizzying route to completion, despite 20 defeats in the House of Lords. The Commons has rejected all the amendments, and the Bill will return one more time to the Lords and, presumably, back to the Commons next week before the recess in a process called ‘ping pong’. Despite the enormous interest in this subject and its high political salience, it was reported that fewer than 40 MPs turned up for the debate and only 20 or so stayed to the end.

We are grateful for group member Andrew for this report.

The latest situation update:

All of the Lords’ amendments were overturned by the Commons, but several had some support from the Conservative benches (Tim Lough-ton complained that they had not had enough time to mull over the government’s changes). The Home Office offered several concessions on Monday evening, The bill’s provisions will no longer apply retrospectively to anyone deemed to have arrived illegally from March 7 (10,000 people will escape the legislation’s measures, according to the Daily Mail) … the detention of unaccompanied children will be limited to eight days (significantly longer than the 24 hours backed by peers) … and the detention of pregnant women will be limited to 72 hours (extendable to seven days by ministers). Other issues still in play from the Lords debates include:

• Removing unaccompanied children from within the scope of the Bill
• Allowing anyone not removed within 6 months to re-enter our asylum system and have their claims heard
• Ensuring Local Authorities maintain care of unaccompanied children and that children are protected during the age assessment process
• Ensuring LGBT+ people are not removed to countries where they risk persecution, and that victims of trafficking are not included within scope of the Bill (as sought by Theresa May). These will presumably come up again in the next Lords session.

Elsewhere

The highest number of small boat arrivals on a single day this year occurred last week at 686. The total for the year to last weekend was 12,119, slightly down on last year.

UNHCR report says the worldwide figure for refugees is now 29.4 million excluding Palestine. 76% in low/middle income countries 70% in a neighbouring country. 339,300 refugees returned home and only 114,300 refugees were resettled out of camps last year. UNHCR estimates that 1.5 million people globally are in need of resettlement because they are in a protracted refugee situation, meaning they had been refugees for longer than five years. For each refugee that was returned or resettled in 2022, there were 16 new refugees.

Free Movement have picked up on a story that the Home Office is planning to reintroduce the concept of “reasonable force” to remove families with children. Watch this space.

Small boats

The government does not know how much its new small boats bill will cost or if it will achieve its core aim of deterring Channel crossings, an official assessment has found. Documents published over three months after the Illegal Migration Bill was presented to parliament estimated that it will cost £169,000 to deport each asylum seeker – but it is unclear how many will be removed and what “third countries” will receive them. The only existing deal is with Rwanda and the Home Office refused to publish the actual payments agreed, citing “commercial sensitivities” as a Court of Appeal ruling on the scheme looms.
A report from the Migrant and Refugee Children’s Unit argues that Albania is not a “safe country”, as the Government maintains.

Controversial plans to house asylum seekers on a barge to reduce reliance on expensive hotels will save less than £10 a person a day, according to a report. The report, Bibby Stockholm – At What Cost? from the NGOs Reclaim The Seas and One Life To Live, provides the first detailed estimated costings of the Bibby Stockholm, the barge the Home Of-fice is planning to use in Dorset to accommodate asylum seekers.

On statistics, in correspondence between the head of the UK Statistics Authority, Sir Robert Chote and Immigration Minister Robert Jenrick, Chote commented: “concerns have been raised with us about your statement in the House of Commons on 20 March that :“Today, a majority of the cases being considered for modern slavery are people who are coming into the country – for example, on small boats. We are seeing flagrant abuse, which is making it impossible for us to deal appropriately with the genuine victims, to the point that 71% of foreign national offenders in the detained estate, whom we are trying to remove from the country, are claiming to be modern slaves.”

Minister accused of using the wrong statistics

“The Home Office advised us that the quoted figure comes from a recent report about modern slavery referrals for people detained for return after arriving in the UK in small boats and that your statement was intended to refer to the proportion of foreign national offenders (FNOs) that are referred to the National Referral Mechanism (NRM) as potential victims of modern slavery. The report explains that while an increasing proportion of all those in detention after arriving by small boat are referred to the NRM up from 52% in 2020 to 73% in 2021 (and subsequently falling to 65% between January and September 2022), the proportion among foreign national offenders is much lower (at around 20% between January and September 2022)”. This argument came up again in the Commons when Theresa May claimed Jenrick was using the wrong statistics.

Beyond Europe, it seems that the UN estimates that more than 31 mil-lion Africans live outside the country of their birth, mostly within the continent (only a quarter head for Europe). AlJazeera is running a se-ries of articles on this subject.

The BBC’s More or Less programme presented a special episode on immigration, featuring Colin Yeo as well as several other experts, which is recommended.


Migrant Help runs a guidance and advice helpline to assist asylum seekers in the UK as they move through the process. The charity is not part of the Home Office but is the advice by The Independent, a Migrant Help adviser said: “I am afraid Migrant Help are not contracted to respond to MPs correspondence and have forwarded the attached to the MP correspondence team. Our call handlers will reach out to the service user to see if there is any further support they can provide.
I would like to clarify that not responding to MP enquiries is not a Migrant Help policy but a directive given to us by the Home Office as part of our work under the advice, issue reporting and eligibility (AIRE) contract. I have expressed con-cerns regarding this process

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