Select Committee · Women and Equalities Committee

Equality and the UK asylum process

Status: Closed Opened: 27 Sep 2021 Closed: 6 Feb 2024 23 recommendations 13 conclusions 1 report

An inquiry to examine the fairness of the UK asylum process, looking at the experiences of people seeking asylum who have a range of protected characteristics (as defined in the UK’s Equality Act). Read the terms of reference to find out more about this inquiry .

Clear

Reports

1 report
Title HC No. Published Items Response
Fourth Report - Equality and the UK asylum process HC 93 27 Jun 2023 36 Responded

Recommendations & Conclusions

8 items
5 Recommendation Fourth Report - Equality and the UK asy… Rejected

Publish findings of 2019-20 review and steps to improve SOGI asylum decision-making.

The Home Office should demonstrate it is taking effective steps to mitigate the risk of unequal effects in the asylum process. There is a range of distinct difficulties faced by people claiming asylum on grounds of sexual orientation or gender-identity. These claims are difficult to evidence, legally complex and difficult …

Government response. The government explicitly rejects publishing the main findings of its 2019–20 internal review. It states that it learns from errors through improved guidance, training, and an established quality audit process, including specialist checks for decision-makers handling sexual identity or FGM …
Government Equalities Office
6 Conclusion Fourth Report - Equality and the UK asy… Rejected

Home Office Country Policy Notes show concerning inaccuracies affecting asylum claim decisions.

We share expert witnesses’ concerns about the performance of the Home Office Country Policy and Information Team and the accuracy and timeliness of Country Policy and Information Notes (CPINs). We heard several examples of outdated or otherwise inaccurate CPINs leading to poor initial decisions and flawed legal arguments being made, …

Government response. The government dismisses concerns about the Country Policy and Information Team's performance and CPIN quality, stating that a discrete review is not necessary. It explains that CPIT regularly reviews and updates CPINs and its products are already subject to external …
Government Equalities Office
7 Recommendation Fourth Report - Equality and the UK asy… Rejected

Review Country Policy Information Team performance and introduce training for CPIN interpretation.

We recommend the Home Office conduct a review of the performance of the Country Policy Information Team, including its ability to maintain and update high quality CPINs in a timely manner. We further recommend the Home Office introduce a new programme of training for asylum decision-makers and presenting officers on …

Government response. The government rejects the recommendation to conduct a review of the Country Policy and Information Team's performance, stating it is not necessary. Regarding training, it notes that decision-makers receive a bespoke module on CPIN use as part of the current …
Government Equalities Office
10 Conclusion Fourth Report - Equality and the UK asy… Rejected

Lack of expert legal representation for complex asylum claims causes poor decisions and appeals.

There is a lack of access to expert legal representation for people claiming asylum in the UK. This is particularly problematic in relation to complex claims, often involving sexual orientation or gender identity, religious belief or renunciation of belief, and sexual and gender-based violence and abuse. There is evidence that …

Government response. The government rejects the committee's suggestion that there is insufficient access to legal advice for asylum seekers, citing existing legal aid provisions and £34m spent in 2021/23. It commits to updating the Exceptional Case Funding process to ensure it is …
Government Equalities Office
14 Conclusion Fourth Report - Equality and the UK asy… Rejected

Inadequate asylum support payments necessitate linking rates to mainstream social security benefits.

£40 per week was clearly inadequate to meet the essential living needs of people seeking asylum in the UK. Women, including those with children, face particular difficulties and near-impossible choices about how to provide for themselves and their families. It is unsurprising that the High Court ordered an immediate increase …

Government response. The government rejects the committee's implicit suggestion to link asylum support to Universal Credit, stating its position remains that Universal Credit is not set according to the 'essential living needs' test but to 'help with basic living costs'.
Government Equalities Office
15 Recommendation Fourth Report - Equality and the UK asy… Rejected

Set weekly asylum support at 70% of Universal Credit, considering women's payments.

We recommend the Government set the weekly asylum support payments at 70% of the standard over 25s rate of Universal Credit. The Government should also consider increasing the payment for women to address specifically concerns regarding period poverty. (Paragraph 111) 74 Equality and the UK asylum process

Government response. The government rejects the recommendation to set weekly asylum support payments at 70% of Universal Credit, reiterating its stance that Universal Credit is not for 'essential living needs.' It does not address the suggestion for increased payments for women for …
Government Equalities Office
24 Conclusion Fourth Report - Equality and the UK asy… Rejected

Nationality and Borders Act equality assessment inadequate, risking unequal effects on vulnerable asylum seekers.

We agree with legal and policy experts that the Government’s equality impact assessment of the Nationality and Borders Act 2022’s asylum provisions is inadequate. There are clear risks, acknowledged by the Government, of unequal effects on asylum claimants with vulnerabilities related to Equality Act protected characteristics. These include women and …

Government response. The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
Government Equalities Office
25 Recommendation Fourth Report - Equality and the UK asy… Rejected

Publish updated equality impact assessment and mitigation plan for Nationality and Borders Act provisions.

The Home Office must publish an updated equality impact assessment of the Nationality and Borders Act’s asylum provisions within three months. Alongside this assessment it should publish a mitigation plan to prevent discriminatory effects of the Act’s asylum provisions on people with vulnerabilities arising from protected characteristics, including women with …

Government response. The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.
Government Equalities Office

Oral evidence sessions

6 sessions
Date Witnesses
25 Jan 2023 Dan Hobbs · Home Office, Mandy Ivemy · Home Office, The Rt Hon Robert Jenrick MP · Home Office View ↗
15 Jun 2022 Andy Hewett · Refugee Council, Esther Baleh, Jennifer Blair · Ukraine Advice Project UK, Zahra Shaheer View ↗
27 Apr 2022 Esther Muchena · Scottish Refugee Council, Ms Rivka Shaw · Greater Manchester Immigration Aid Unit (GMIAU), Rosalind Bragg · Maternity Action View ↗
23 Mar 2022 Annie . · VOICES Network, Kathryn Cronin · Garden Court Chambers, Ms Pip McKnight · Refugee Women Connect, Ms Priscilla Dudhia · Women for Refugee Women, Roxana . · VOICES Network View ↗
23 Feb 2022 Dr S Chelvan, Leila Zadeh · Rainbow Migration, Professor Nuno Ferreira · University of Sussex View ↗
26 Jan 2022 David Goodhart · Policy Exchange, Jonathan Thomas · Social Market Foundation, Ms Zoe Gardner · Joint Council on the Welfare of Immigrants, Rossella Pulvirenti · Manchester Metropolitan University View ↗

Correspondence

8 letters
DateDirectionTitle
19 Apr 2023 To cttee Letter from the Minister of State for Immigration relating to follow-up evidenc…
1 Feb 2023 To cttee Response from the Director of Detention Services on further questions relating …
25 Jan 2023 To cttee Letter from the Committee to Frances Hardy, Director of Detention Services, Imm…
18 Jan 2023 To cttee Letter from the Chair to Tom Pursglove on Equality and the UK Asylum Process
16 Jan 2023 To cttee Letter from the Minister of State for Immigration relating to the asylum inquiry
16 Jan 2023 From cttee Letter to the Head of Detention Progression and Returns Command relating to the…
16 Jan 2023 To cttee Letter from the Director of Detention Services relating to the Committee’s visi…
15 Jun 2022 Correspondence from EHRC regarding of a report into the experience and treatmen…