Recommendations & Conclusions
9 items
2
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
It is not currently possible from published official data to monitor outcomes in the asylum process for groups of people with vulnerabilities arising from Equality Act protected characteristics. Experimental statistics on sexual orientation-based claims are a good start and we welcome the Home Office’s intention to increase its collection of …
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It is not currently possible from published official data to monitor outcomes in the asylum process for groups of people with vulnerabilities arising from Equality Act protected characteristics. Experimental statistics on sexual orientation-based claims are a good start and we welcome the Home Office’s intention to increase its collection of data on protected characteristics and UN Convention protection grounds. Data collection and transparency is the vital first step needed to ensure that inequalities in the process can be identified and addressed. We recommend the Home Office collect and publish data in relation to claims, initial decisions, appeals and final outcomes disaggregated by: UN Convention ground; whether the claim included sexual and gender-based violence and other abuse; and the protected characteristics of claimants. (Paragraph 40) Asylum decision-making
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Government response AI summary
The government states it already publishes some requested data and is developing a new caseworking system (Atlas) to improve data recording capabilities. It hopes to publish further disaggregated details, such as grounds for asylum, once this new system is established, acknowledging current challenges with data …
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Government Equalities Office
9
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
We recommend the Home Office establish a programme of religious impartiality and LGBT sensitivity training for all language interpreters on its approved list. We further recommend the Department review and enhance its training of asylum interviewers on avoiding application of stereotypes to asylum claimants in sexual orientation and gender identity-based …
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We recommend the Home Office establish a programme of religious impartiality and LGBT sensitivity training for all language interpreters on its approved list. We further recommend the Department review and enhance its training of asylum interviewers on avoiding application of stereotypes to asylum claimants in sexual orientation and gender identity-based claims. (Paragraph 75) Equality and the UK asylum process 73
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Government response AI summary
The government rejects establishing a training programme for interpreters, stating they cannot mandate it for non-Home Office employees but note they adhere to a code of conduct. However, it states it has already redesigned its training program for asylum decision-makers, emphasizing sensitive exploration of sexual …
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Government Equalities Office
22
Conclusion
Fourth Report - Equality and the UK asy…
Accepted in Part
The Home Office is too often failing to comply with guidance on moving pregnant women and new mothers between asylum accommodation settings. The guidance is clear that such moves are potentially harmful and should only be made where advice on safety has first been sought from a clinician and acted …
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The Home Office is too often failing to comply with guidance on moving pregnant women and new mothers between asylum accommodation settings. The guidance is clear that such moves are potentially harmful and should only be made where advice on safety has first been sought from a clinician and acted on. We heard that the health of mothers and babies has been put at risk, with moves taking place within days of women’s due dates and shortly after births. This is dangerous and unacceptable. There is a lack of data on pregnant women in the system by which to monitor the Home Office’s compliance with its own guidance.
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Government response AI summary
The government acknowledges the vulnerability of pregnant women and new mothers and states that it has updated internal guidance to make clear the requirement to record and monitor moves of these women between asylum accommodation settings.
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Government Equalities Office
23
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
The Home Office must stop moving pregnant women and new mothers between asylum accommodation settings unless clinical advice has been sought and acted on, the mother has consented to a move, and it is in the mother’s and baby’s best interests. The Home Office must collect and publish data on …
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The Home Office must stop moving pregnant women and new mothers between asylum accommodation settings unless clinical advice has been sought and acted on, the mother has consented to a move, and it is in the mother’s and baby’s best interests. The Home Office must collect and publish data on the number of pregnant asylum-seeking women and new mothers in the asylum system, the category of accommodation in which they are living, the number of times they are moved, and in which trimester, and whether on each occasion clinical advice was sought and acted on. (Paragraph 140) Nationality and Borders Act 2022
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Government response AI summary
The government states its policy is that moves should only be made where safety advice has been sought from a clinician and acted on and that they have updated internal guidance to improve data collection and monitoring of moves for pregnant women and new mothers …
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Government Equalities Office
26
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
The prolonged detention with no certainty of release of asylum-seeking people who pose no threat to the public and for whom there is little prospect of removal from the UK is potentially harmful, impractical and costly. We are deeply concerned that current and planned reforms in the Nationality and Borders …
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The prolonged detention with no certainty of release of asylum-seeking people who pose no threat to the public and for whom there is little prospect of removal from the UK is potentially harmful, impractical and costly. We are deeply concerned that current and planned reforms in the Nationality and Borders Act and Illegal Migration Bill risk turning back the clock on policies intended to ensure detention 76 Equality and the UK asylum process is used only as a last resort, and to reduce the risks of harm to vulnerable people. We recommend the Government set out in response to this Report its planned approach to mitigating risks of harm to vulnerable adults in detention under Nationality and Borders Act and Illegal Migration Bill provisions, including whether it remains committed to the Adults at Risk in detention policy established after the Shaw reviews in 2016 and 2018. The Government has not yet set out its planned approach to the detention of children under Illegal Migration Bill provisions. We strongly believe the Government should abandon any intention of detaining asylum-seeking children under those provisions.
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Government response AI summary
The government confirms its commitment to the Adults at Risk in Immigration Detention policy to mitigate harm to vulnerable adults. However, it rejects abandoning the detention of asylum-seeking children, instead outlining limited circumstances under the Illegal Migration Act where such detention may occur, and noting …
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Government Equalities Office
27
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
Monitoring and mitigating adverse effects of detention on groups of asylum seekers with vulnerabilities arising from Equality Act protected characteristics requires much improved data. The Government should collect and publish data on the protected characteristics of detained asylum seekers, including where they are detained and for how long.
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Monitoring and mitigating adverse effects of detention on groups of asylum seekers with vulnerabilities arising from Equality Act protected characteristics requires much improved data. The Government should collect and publish data on the protected characteristics of detained asylum seekers, including where they are detained and for how long.
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Government response AI summary
The government states it already publishes data on some protected characteristics like age, sex, nationality, and pregnant women in detention, along with length and place of detention. It acknowledges methodological challenges in collecting full protected characteristics data but is actively working on understanding this and …
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Government Equalities Office
30
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
We believe the risks of harm to children arising from the removal process outweigh any risks of damaging the intended deterrent effect of the Rwanda policy. The Government should abandon any intention of forcibly removing children to Rwanda.
Government response AI summary
The government does not abandon the intention but states that unaccompanied children will only be removed in very limited circumstances and only once they reach adulthood. Children would only be relocated as part of family groups, subject to a further assessment of Rwanda’s capacity.
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Government Equalities Office
31
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
Should removals to Rwanda be operationalised after the legal challenges are complete, the Government must record and publish full equality data, disaggregated by Equality Act protected characteristics, of people issued with a notice of intent; people issued with a notice of removal; and those removed to Rwanda. It should also …
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Should removals to Rwanda be operationalised after the legal challenges are complete, the Government must record and publish full equality data, disaggregated by Equality Act protected characteristics, of people issued with a notice of intent; people issued with a notice of removal; and those removed to Rwanda. It should also collect and publish equality data disaggregated by protected characteristics of those who challenge in the courts a decision to remove them, and the outcomes of those legal challenges. Equality and the UK asylum process 77 The Government should also set out how it intends to monitor and ensure that those removed to Rwanda do not suffer harm or experience discrimination in that country. (Paragraph 186) Best practice in resettlement and humanitarian visa pathways
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Government response AI summary
The government publishes some statistics and acknowledges challenges in collecting full disaggregated equality data, stating active work is underway to improve this with a new case working system. It confirms that a joint committee and an independent monitoring committee have been established to monitor the …
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Government Equalities Office
33
Recommendation
Fourth Report - Equality and the UK asy…
Accepted in Part
In contrast to the generally positive experiences of many Syrians who came to the UK via the Vulnerable Persons Resettlement Scheme, many Afghan refugees’ experiences of resettlement have been fraught with difficulty. While some of the early issues were a consequence of the unplanned nature, and sheer scale, of the …
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In contrast to the generally positive experiences of many Syrians who came to the UK via the Vulnerable Persons Resettlement Scheme, many Afghan refugees’ experiences of resettlement have been fraught with difficulty. While some of the early issues were a consequence of the unplanned nature, and sheer scale, of the evacuation of Kabul, the Government has been too slow to respond to meet the needs of Afghan refugees, particularly those with vulnerabilities related to protected characteristics. It is deeply concerning that only 22 vulnerable refugees identified by the UNHCR in pathway 2 of the Afghan Citizens Resettlement Scheme had been resettled in the UK by the end of 2022, some 16 months after control of Afghanistan was ceded to the Taliban. Pathway 2 is currently the only viable route to safety in the UK for many women and girls and ethnic and religious minorities at extreme risk of persecution and violence. The Government must set out its plans for pathway 2 as a matter of urgency, including a clear and manageable target for the number of arrivals over the coming years. It should do so in response to this Report.
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Government response AI summary
The government details its commitment to Pathway 2 of the Afghan Citizens Resettlement Scheme, noting 40 arrivals by March 2023 and having requested 2,000 referrals from UNHCR in the first year. It states it will continue to receive referrals but will manage flows based on …
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Government Equalities Office