Key Facts

• UNHCR has published two sets of opinions on the policy document and the Bill.
• The Bill contravenes the UK’s obligations under the 1951 refugee convention.
• Refugees will face up to four years in jail for unauthorised arrival or presence.
• Refugees may be kept in a precarious situation for up to 10 years with no access to public welfare unless destitute.
• The UK receives around 35,000 asylum seekers per year, compared to over 4 million refugees in Turkey.
• The UK's Vulnerable Persons Resettlement Scheme (VPRS) has closed.
• VPRS resettled only a fraction of 1% of the refugees in need annually.
• Middle-class individuals can also become refugees due to economic hardships and lack of resources.
• The UK was part of the Dublin scheme, a mechanism allowing states to share responsibility for assessing asylum seekers.
• About 4,500 individuals have been notified of their possible inadmissibility since changes to initial rules were implemented.
• Seven individuals have been found inadmissible but no one has been returned under this system.
• The UNHCR is the established guardian of the 1951 Refugee Convention.
• Siobhain McDonagh concludes the Committee's questioning session.
• Siobhán Mullally, United Nations Special Rapporteur on Trafficking in Persons, is introduced.
• Dame Sara Thornton, Independent Anti-Slavery Commissioner for the UK, is introduced.
• Nearly half of potential victims referred into the National Referral Mechanism (NRM) in 2020 were children.
• Clauses 46 to 51 are seen as not complying with international human rights law.
• There is only one mention of children in part 4 on modern slavery.
• The Bill suggests using reasonable grounds as a threshold for identifying victims of modern slavery.
• Clauses 46 and 47 pose difficulties in terms of international human rights law compliance.
• Victims may experience trauma that affects their ability to disclose information timely.
• Siobhain McDonagh addresses concerns regarding the Bill's proposal to reduce the recovery period for victims of trafficking.
• The MP is open to further questions on the matter.
• She raises concerns about insufficient consultation with survivor groups.
• The equality impact assessment published last week mentions exemptions for unaccompanied asylum-seeking children.
• Cases L.E. v. Greece, S.M. v. Croatia, V.C.L. and A.N. v. the United Kingdom are cited as relevant to clause 51 of the Bill.
• Siobhán Mullally states that part 4 of the Bill is not in compliance with international law, ECHR, Council of Europe’s convention on trafficking, or UN Palermo protocol.
• Concerns raised about increased numbers of referrals into the NRM, doubling over three or four years.
• Difficulty in decision-making due to lack of complete information from local authorities, police forces, or Border Force.
• Proposal to consider specially trained points of contact for dealing with trafficking cases instead of expecting all officers and staff to handle them.
• The Bill is seen as punitive rather than protective.
• Research shows that deterrents do not prevent people from seeking safety in the UK.
• The legislation may force asylum seekers to take more dangerous routes and rely on smugglers.
• Women and victims of gender-based violence are particularly affected by the lack of safe routes.
• The government has committed to taking in 20,000 refugees from Afghanistan over two years.
• Women who experience sexual and gender-based violence face barriers in disclosing such experiences due to shame, stigma, and fear of reprisals.
• Agnes, a refugee from a west African country, was detained after her initial asylum claim was refused and had to lodge a fresh claim.
• Asylum accommodation has been in crisis for years.
• Five clients have had ceiling collapses in their homes.
• People are living in one room or hotels for extended periods.
• The Bill allows the Home Secretary to extend stay in accommodation centres beyond six months.
• Legislation permits residence conditions that could lead to de facto detention.
• The proposed Bill could cost up to £400 million a year more than the current system.
• There is an existing asylum decision backlog of 70,000 people.
• A faster and efficient decision-making process would help in reducing the backlog.
• Mariam Kemple-Hardy discusses the impact of the asylum system on mental health.
• Refugees face a £5.69 daily allowance, leading to state-sponsored poverty.
• Allowing refugees the right to work could save the Home Office about £100 million per year.
• The Government previously took in 5,000 Syrian refugees per year.
• The speaker advocates for resettling 10,000 refugees from around the world annually.
• Refugee family reunion is used by tens of thousands of people, mainly women and children.
• Child victims of trafficking, including British national children, form the majority of those referred into the national referral mechanism.
• There was a nearly 10% increase in children being identified as potential victims of trafficking last year.
• Criminal exploitation is the most commonly reported form of modern slavery for potential child victims.
• Clause 9 restricts children’s ability to access safeguards and acquire British citizenship.
• The UK has international obligations in preventing childhood statelessness.
• Stateless children in the UK are mainly from recognised stateless communities or are in care with migrant backgrounds.
• Clause 9 applies to children born in the UK who have lived here for at least five years.
• The Home Office gives itself maritime enforcement powers under schedule 3.
• Clauses 37 and 38 criminalize arrival and assisting arrival in the UK, impacting asylum seekers.
• Clause 12 prohibits claiming asylum in UK territorial waters.
• Priority removal notices restrict appeals to upper tribunal only.
• Expedited appeal system lacks onward appeal rights to Court of Appeal or Supreme Court.
• Maritime enforcement provisions conflict with UN Convention on the Law of the Sea's duty of rescue.
• Clause 38 removes 'for profit' from legislation affecting search-and-rescue operations.
• The Bill seeks to change the standard of proof from 'reasonable chance' to 'balance of probability'.
• It proposes revising the definition of 'particular social group', making tests cumulative rather than alternative.
• Adrian Berry argues that opening safe and legal routes for asylum seekers is necessary to end smuggling routes.
• Clause 9 of the Bill is criticized for creating barriers for stateless children seeking British nationality.
• Paragraph 3 of schedule 2 to the British Nationality Act 1981 complies with international law.
• The consultation period was deemed insufficient and there were concerns about the inclusion of part 4 provisions in the asylum and immigration Bill.