A Review of UK Asylum Policy for Refugee Week 2023

What are the current pressing issues in the UK’s asylum policy?

There are a number of important developments to watch out for in the UK’s refugee and asylum policy.

The Illegal Migration Bill currently being debated in parliament, if passed in its current form, would make it virtually impossible for most refugees to seek asylum in the UK, as for the majority of them there remain no safe and legal routes to enter the country. The Home Office factsheet on the Bill indirectly admits this issue by stating that “as we get a grip on illegal migration, we will create more of those routes”. It remains to be seen what those plans for new safe and legal routes might be.

The proposed Bill arguably not only puts at risk vulnerable individuals, including children, but could also lead to a situation where the UK is in breach of its international legal obligations. The proposals to allow for the removal from the UK of individuals based on their means of arrival, and to reject asylum claims without them being considered, breach several prohibitions under the 1951 Refugee Convention. These measures therefore may compromise the UK’s standing as a reliable international partner and threaten the global refugee protection system, which relies on appropriate contribution from all countries.

Another key area to watch is the contentious plan to deport migrants to Rwanda. The UK government hopes to send thousands of migrants to Rwanda as part of a £120 million deal, claiming this would deter asylum seekers from crossing the English Channel. The plan, announced in April 2022, has faced legal challenges, and its implementation is still in question.

Home Secretary Suella Braverman’s insistence that Rwanda is a safe country for migrants seems to clash with some evidence to the contrary: there have been serious concerns about human rights conditions in Rwanda, including a violent protest over rations in a refugee camp in 2018 that resulted in at least five deaths of refugees. The Home Secretary’s statements highlight the need for informed and empathetic decision-making in the formulation of asylum policies. Such decisions must take into account the safety, dignity, and human rights of those seeking refuge.

More generally, the UK’s asylum system is in need of a comprehensive reform. Resources are needed to address the backlog in processing asylum applications, that leaves applicants often waiting for years. There are concerns over safety of Home Office accommodation where asylum seekers are housed, in light of the incidents of vulnerable minors missing from Home Office hotel accommodation. The Government cites the costs of the asylum system as a reason to impose more burdens on those arriving in the UK to seek refuge. However, there may be other ways to address this issue, such as allowing asylum applicants to work and provide for themselves while they wait on the outcomes of their applications, rather than forcing them to be dependent on state support.

To what extent are such major policy shifts possible?

Some recent shifts in the Government’s approach to asylum policy indicate that changes to policies are possible. One such development was the decision by the Home Office to scrap a significant part of the asylum law enacted the previous year. This law had created a two-tier refugee system that unfairly differentiated between asylum seekers based on their means of arrival into the UK. Its revocation, albeit announced quietly to avoid publicity, is a step towards a more humane approach, allowing for faster processing of claims for about 55,000 people who arrived in the UK since last June.

The original two-tier policy, introduced by former Home Secretary Priti Patel, had faced international criticism from the UNHCR for undermining the 1951 Refugee Convention and longstanding global cooperation on refugee issues. The future of UK’s policy around irregular routes entry into the UK for asylum seekers will however depend on the future of the Illegal Migration Bill.

The question on whether more substantial policy shifts are possible ultimately comes down to political incentives. This Refugee Week serves as a critical reminder of the importance of promoting an informed and compassionate public discourse about refugees to minimise the incentives for politicians to push divisive and harmful policies to score political points. As we commemorate this week, let us reflect on our policies, as well as consider how each of us can play a role in creating a more welcoming and inclusive environment for those who seek refuge in the UK.