Source · Select Committees · Women and Equalities Committee
Recommendation 1
1
Not Addressed
Home Office asylum system reforms increase risks for vulnerable claimants with protected characteristics.
Conclusion
The asylum system is undergoing substantial reform, in part due to the Home Office’s inability to process the volume of asylum claims it receives effectively and expeditiously. The Government is now seeking to reduce the ability of people to claim asylum in the UK despite recent figures showing the majority of those seeking to do so will have a genuine claim and would, in all likelihood, meet the criteria to be accepted. As this Report will set out, people with vulnerabilities arising from Equality Act protected characteristics are particularly affected. This cohort is experiencing unnecessary risks under the Home Office’s current management of the asylum process, and recent and proposed changes to the system may lead to those risks increasing. (Paragraph 32) Equality data on decisions and final outcomes
Government Response Summary
The government does not directly address the committee's concerns about increasing risks for vulnerable groups under proposed asylum changes, instead reiterating its commitment to the Illegal Migration Act and asserting that any differential impact is proportionate to tackling illegal migration.
Government Response
Not Addressed
HM Government
Not Addressed
In relation to the recommendation at paragraph 32, over 45,000 individuals made a dangerous, illegal and unnecessary crossing of the Channel in small boats in 2022. There is no greater risk to an individual than making this journey in the first place and bold action is necessary to tackle the scale of this illegal migration into the UK. Our Illegal Migration Act makes it unambiguously clear that, if a person enters the UK illegally having travelled via a safe third country, they will not be able to remain here and instead will be detained and promptly returned to their home country, if safe to do so, or to a safe third country, where any asylum claim will be considered. Article 31(1) of the Convention provides that Contracting States must not penalise an individual on account of their illegal entry or presence, providing they come directly, present themselves without delay to authorities and show good cause for their illegal entry. It is a longstanding principle that those in need of protection should claim asylum at the earliest opportunity, in the first safe country they reach. This is an established part of international asylum procedures and applied across the EU, such as through the Common European Asylum System. Critically, the Court of Appeal in the judgement of 29th June regarding the Migration and Economic Development Partnership (MEDP) with Rwanda, agreed with Government’s interpretation of the Refugee Convention by stating that the removal of an individual to a safe third country does not amount to a penalty within the meaning of Article 31(1). We published the Equality Impact Assessment for the Illegal Migration Act on 10 May 2023. The Assessment is clear any differential impact is because of an individual’s conduct and is proportionate in order to achieve the legitimate aim of controlling illegal migration and reducing crime.