The Illegal Immigration Bill is inconsistent with the UK's
obligations under international human rights and refugee law that
could have profound consequences for people seeking international
protection, warned the UN rights chief and the head of refugee
agency, UNHCR, on Tuesday.
Concerns over legislation
The Illegal Immigration Bill eliminates access to asylum for
anyone who arrives “irregularly” in the UK, meaning they passed
through a country – however briefly – where they did not face
persecution.
The bill bars migrants from presenting refugee protection or
other human rights claims, regardless of their circumstances. It
has passed through the Commons, but has yet to clear the Upper
House, the House of Lords.
The law as it stands requires their removal to another country
without a guarantee that they will necessarily be able to access
protections there. The bill also creates sweeping new detention
powers with limited judicial oversight.
“UNHCR shares the UK
Government’s concern regarding the number of asylum-seekers
resorting to dangerous journeys across the [English] Channel.
“We welcome current efforts to make the existing asylum system
work more effectively through fast, fair, and efficient case
processing, that allows the integration of those found to be in
need of international protection and the swift return home of
those who have no legal basis to stay,” said UN High Commissioner
for Refugees Filippo Grandi.
“Regrettably, this progress will be significantly undermined by
the new legislation. Cooperation with European and other partners
along the routes through which refugees and migrants are moving,
is also key,” he continued.
Contrary to human rights
The Bill denies access to refugee protections for anyone falling
within its scope – including unaccompanied and separated children
– regardless of whether they are at risk of persecution, have
suffered human rights violations, or whether they are survivors
of human trafficking or modern-day slavery.
“Carrying out removals under these circumstances is contrary to
prohibitions of refoulement and
collective expulsions, rights to due process, to family and
private life, and the principle of best interests of children
concerned,” said UN High Commissioner for Human Rights Volker
Türk.
The 1951 Refugee Convention, to
which the UK was one of the original signatories, explicitly
recognises that refugees may be compelled to enter a country of
asylum irregularly.
Most people fleeing war and persecution do not have or are unable
to access formal travel documents such as passports and visas.
Safe and “legal” routes to immigration are therefore oftentimes
not available to them.
Without the adequate operational capacity to remove large numbers
of asylum-seekers or create viable removal arrangements with
third countries, thousands of migrants can be expected to remain
in the UK indefinitely in precarious legal situations, the
agencies said.
‘Grave risks’
“For decades, the UK has provided refuge to those in need, in
line with its international obligations – a tradition of which it
has been rightly proud. This new legislation significantly erodes
the legal framework that has protected so many, exposing refugees
to grave risks in breach of international law,” said Mr. Grandi.
UN refugee and human rights experts say the legislation will also
exacerbate the already vulnerable situation of refugees in the
UK, drastically limiting their enjoyment of human rights and
putting many at risk of detention and destitution.
Their rights to health, an adequate standard of living, and
employment are all at risk, exposing them to potential
exploitation and abuse.
History of compassion
“The UK has long had a commitment to upholding international
human rights and refugee law. Such steadfast commitment is needed
today more than ever,” said UN human rights
chief Volker Türk.
“I urge the UK Government to renew this commitment to human
rights by reversing this law and ensuring that the rights of all
migrants, refugees, and asylum-seekers are respected, protected,
and fulfilled, without discrimination.
“This should include efforts to guarantee expeditious and fair
processing of asylum and human rights claims, improve reception
conditions, and increase the availability and accessibility of
safe pathways for regular migration,” he added.
