Source · Select Committees · Women and Equalities Committee
Fourth Report - Equality and the UK asylum process
Women and Equalities Committee
HC 93
Published 27 June 2023
Recommendations
5
Rejected
Para 62
Publish findings of 2019-20 review and steps to improve SOGI asylum decision-making.
Recommendation
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. …
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Government Response Summary
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 claims.
Government Equalities Office
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7
Rejected
Para 70
Review Country Policy Information Team performance and introduce training for CPIN interpretation.
Recommendation
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 …
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Government Response Summary
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 training programme, and work is underway to review and improve this training.
Government Equalities Office
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15
Rejected
Set weekly asylum support at 70% of Universal Credit, considering women's payments.
Recommendation
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) …
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Government Response Summary
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 period poverty.
Government Equalities Office
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25
Rejected
Publish updated equality impact assessment and mitigation plan for Nationality and Borders Act provisions.
Recommendation
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 …
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Government Response Summary
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
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Conclusions (4)
6
Conclusion
Rejected
Para 69
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 Summary
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 review.
10
Conclusion
Rejected
Para 81
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 Summary
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 simple and accessible.
14
Conclusion
Rejected
Para 110
£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 Summary
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'.
24
Conclusion
Rejected
Para 153
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 Summary
The government believes any differential impact is because of an individual’s conduct and is proportionate to control illegal migration and reduce crime.