The United Nations Refugee Agency (UNHCR) has expressed its profound concern over the new asylum bill introduced by the United Kingdom (UK) Government to the House of Commons. In a strong worded statement released Tuesday, the UN agency also said the bill would be a “clear breach of the Refugee Convention”, if passed.
In its current form, the draft legislation, proposed on Tuesday, compels the British Home Secretary to deny access to the UK asylum system to those who arrive irregularly. Rather than being provided with protection, as required by international law, these asylum-seekers would instead be subject to detention in the UK, while arrangements are pursued to remove them to another country.
UNHCR said the legislation, if it became law, would amount to an asylum ban – extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances.
According to the UN agency, the effect of the bill would be to deny protection to many asylum-seekers in need of safety and protection, and even deny them the opportunity to put forward their case.
“This would be a clear breach of the Refugee Convention and would undermine a longstanding, humanitarian tradition of which the British people are rightly proud”, the statement said.
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.
Based on the Home Office’s own data, the vast majority of those arriving to the United Kingdom in small boats over the Channel would be accepted as refugees were their claims to be determined. According to UNHCR, branding refugees as undeserving based on mode of arrival distorts these fundamental facts.
“International law does not require that refugees claim asylum in the first country they reach. Returns or transfers to safe third countries may nonetheless be appropriate if certain thresholds are met – in particular, if Refugee Convention rights will be respected there, and the arrangement helps share the responsibility for refugees equitably among nations”, the statement said.
According to the UN agency, the framework in place between European Union (EU) member states is an example of such an arrangement. After leaving the EU, the United Kingdom is currently not part of any such agreement, and its bilateral arrangement with Rwanda fails to meet the necessary international standards. As such, asylum-seekers arriving in the UK irregularly would find themselves in limbo, unable to claim protection in line with the Convention.
UNHCR urges the British Government and all Members of Parliament and Members of the House of Lords “to reconsider the Bill and instead pursue more humane and practical policy solutions.”
The United Nations High Commissioner for Refugees is a United Nations agency mandated to assist and protect refugees, displaced persons and stateless people. The organization is known by its short name UN Refugee Agency. UNHCR was established by the United Nations General Assembly on December 14, 1950, to provide assistance to refugees from World War II. On January 1, 1951, the UNHCR began its work. Each year, the UN Refugee Agency helps millions of refugees and displaced persons worldwide. UNHCR is headquartered in Geneva, Switzerland, and has offices in 134 countries.
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 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.
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.
Further information
Full text: Statement on UK Asylum Bill, UNHCR press release, March 7, 2023
https://www.unhcr.org/uk/news/press/2023/3/6407794e4/statement-on-uk-asylum-bill.html