The "Illegal Migration Bill", which has now been passed by Parliament in the United Kingdom (UK), is “at variance with the country’s obligations under international human rights and refugee law” and will have profound consequences for people in need of international protection, UN High Commissioner for Human Rights Volker Türk and UN High Commissioner for Refugees Filippo Grandi warned today. In order for the Bill to come into force, it requires the approval – royal assent - of King Charles III.
“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,” Grandi said.
The Bill tries to extinguish access to asylum in the UK for anyone who arrives irregularly, having passed through a country – however briefly – where they did not face persecution. It bars them from presenting refugee protection or other human rights claims, no matter how compelling their circumstances.
In addition, the legislation requires the removal of asylum seekers to another country, with no guarantee that they will necessarily be able to access protection there. It creates sweeping new detention powers, with limited judicial oversight.
“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 High Commissioner Türk.
The principle of non-refoulement in international law prohibits states from returning refugees to countries or territories in which their lives or freedom may be threatened. People fleeing violence and persecution must be allowed access to territory to seek asylum and be protected against refoulement. The principle is a cornerstone of international law and is binding on all states.
The Bill denies access to protection in the UK for anyone falling within its scope – including unaccompanied and separated children - regardless of whether they are at risk of persecution, may have suffered human rights violations or whether they are survivors of human trafficking or modern-day slavery and may have other well-founded claims under international human rights and humanitarian law.
Most people fleeing war and persecution are simply unable to access the required passports and visas. There are no safe and legal routes available to them. The 1951 Refugee Convention explicitly recognizes that refugees may be compelled to enter a country of asylum irregularly. Denying displaced people escaping war and persecution access to asylum undermines the very purpose for which the Convention was established.
The leading UN officials warn that in the absence of viable removal arrangements with third countries, or without adequate operational capacity to remove large numbers of asylum-seekers, thousands can be expected to remain in the UK indefinitely in precarious legal situations. The legislation will also exacerbate the already vulnerable situation of people who arrive irregularly in the UK, putting them at risk of detention and destitution.
“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,” the UN Human Rights Chief stressed.
According to international law, all those who leave their country of origin to seek safety, and protection elsewhere are entitled to the full respect of their human rights and dignity regardless of their legal status, mode of arrival or any other distinction.
“In addition to raising very serious legal concerns from the international perspective, this Bill sets a worrying precedent for dismantling asylum-related obligations that other countries, including in Europe, may be tempted to follow, with a potentially adverse effect on the international refugee and human rights protection system as a whole,” Türk warned.
Refugees are individuals who have crossed an internationally recognized border and have been forced to flee their home countries due to circumstances beyond their control, and who require protection and assistance to find safety and security in another country. Refugees are formally defined and protected under international law, including the 1951 United Nations Refugee Convention and its 1967 Protocol, other regional and national legal frameworks like the European Convention of Human Rights, as well as international customary law.
The United Kingdom is a party to the 1951 Convention relating to the Status of Refugees and one of the original signatories. The Refugee Convention and its 1967 Protocol are key legal documents that define the term ‘refugee’ and outlines the rights of refugees, as well as the legal obligations of states to protect them. The Refugee Convention remains one of the most important legal instruments protecting the rights of refugees around the world.
The UK is at the same time party to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms; the 1954 and 1961 UN Conventions on the Reduction of Statelessness; the 1989 UN Convention on the Rights of the Child; the 2005 Council of Europe Convention on Action against Trafficking Human Beings and has to comply with its obligations under international law.
Further information
Full text: UK Illegal Migration Bill: UN Refugee Agency and UN Human Rights Office warn of profound impact on human rights and international refugee protection system, UNHCR, OHCHR, joint press release, published July 18, 2023
https://www.ohchr.org/en/press-releases/2023/07/uk-illegal-migration-bill-un-refugee-agency-and-un-human-rights-office-warn
Full text: "Illegal Migration Bill", Originated in the House of Commons, Session 2022-23, UK Parliament, last updated: 18 July 2023
https://bills.parliament.uk/publications/52301/documents/3822