The United Kingdom has a proud history of supporting those in need of protection; our resettlement programmes have provided safe and legal routes to better futures for hundreds of thousands of people from across the globe. Since 2015, over 185,000 men, women and children seeking refuge have been offered a place in this country, which is more than any other similar resettlement scheme in Europe. This includes almost 100,000 British Nationals Overseas threatened by draconian security laws in Hong Kong, 20,000 through the Syrian scheme, 13,000 from Afghanistan, and around 50,000 Ukrainians.
Refugees and Asylum Seekers
I am aware that a number of constituents have written to me calling on the Government to introduce a specific commitment to resettle a set number of refugees each year. While I sympathise with the sentiment behind this suggestion, I do not think imposing a numerical target is the best method of aiding those in need. Instead, I believe the number of refugees settled each year should be based on the UK's capacity and the Government's assessment of the international situation. Operating in this way has already effectively enabled the UK to respond to both protracted and emerging humanitarian crises.
For example, I would like to point out the work the UK is doing to support those fleeing Afghanistan by providing resettlement of up to 20,000 people in need of protection. In addition, the Government's launch of two uncapped pathways in response to the crisis in Ukraine is continued evidence of the UK's willingness to adapt to respond to international crises and support higher numbers of refugees and people in need of protection on a bespoke basis.
Since 2015, the UK has resettled over 27,000 refugees through safe and legal routes directly from areas of conflict and instability. Furthermore, the refugee family route, which enables the spouse or partner and children of a refugee sponsor who are under 18 years of age to join their family member in the UK, has provided more than 39,500 family reunion visas from the same year.
I have always believed that resettlement is vital as a safe and legal pathway to protection for vulnerable refugees fleeing persecution. It is right, and I will continue to ensure, that the Government continues to offer safe pathways for those in need. The launch of a new global UK Resettlement Scheme will build on the success of previous schemes and continue our proud record of resettling refugees who need our help from around the world.
Rest assured that the Nationality and Borders Act allows the UK to continue to resettle genuine refugees directly from places of danger and to offer refugee family reunions. It improves support for refugees to help them build their life in the UK, integrate and become self-sufficient members of society. The legislation also introduces a new temporary protection status for those who do not come directly to the UK or claim asylum without delay once here, but who have, in any event, been recognised as requiring protection.
Differential Treatment
The purpose of the power to differentiate introduced through the Nationality and Borders Act is to influence the choices that migrants may make when leaving their country of origin, seeking to encourage them to claim asylum in the first safe country they reach and discourage them from travelling to the UK by means of dangerous journeys and instead use safe and legal routes.
The powers to differentiate as set out in the legislation are not prescriptive and the Secretary of State is under no compulsion to use them – which provides for flexibility in the fair and lawful implementation of the provisions. Differentiation may relate to length of leave, requirements for settlement, family reunion, and recourse to public funds.
I would like to reassure you that the New Plan for Immigration and the Nationality and Borders Act fully comply with the UK's global obligations including commitments to the European Convention on Human Rights and the UN Refugee Convention. As you will be aware, through the Act, whether people enter the UK legally or illegally may have an impact on how their asylum claim progresses, and on their status in the UK if that claim is successful. After looking into this, the UN Refugee Convention does allow for different treatment where, for example, refugees have not come directly from a country of persecution. For example, if someone enters the UK via a safe country, where they could have claimed asylum, they are not seeking refuge from imminent peril. Therefore, returning them to a safe third country is not inconsistent with the UN Refugee Convention.
Under the provisions in the legislation, therefore, those who meet the terms of the refugee convention will be granted refugee status. There is no question of this clause making it harder to be a refugee or otherwise enabling the Government to refuse refugee protection to those who need it. That is simply not true. What the clause does is enable the Secretary of State to distinguish between refugees based on whether they came directly and claimed without delay, but anyone considered under this policy will be a refugee.
Offshore Processing
I am, however, very clear that people should claim asylum in the first safe country they arrive, and we must ensure dangerous journeys are not incentivised. I welcome that ministers have taken action to deter illegal migration to UK through the Nationality and Borders Act. I believe it is correct to not rule out any option that could help reduce the illegal migration and relieve the pressure on the asylum system.
The Nationality and Borders Act amends Section 77 of the Nationality, Immigration, and Asylum Act 2002, in order to make it easier to remove someone with a pending asylum claim to a safe third country. This means it is possible to remove someone to a safe third country whilst their asylum claim is pending, provided that removal is in line with the UK’s international obligations and the country an individual is being removed to meets the safety criteria set out in the legislation.
Ministers have assured me that ‘Safe’ in this context means the removal of an individual would not breach the UK’s obligations under the Refugee Convention or under Article 3 of the European Convention on Human Rights (ECHR), including that they will not be sent onwards to another country in circumstances where this would be in contravention of the Refugee Convention or Article 3 of the ECHR.
To be absolutely clear, this legislation does not allow the Government to act in a way which is contrary to their fundamental human rights. Its purpose is to manage the UK’s asylum intake and, alongside the suite of other measures included in the Act, deter unwanted behaviours such as irregular migration and clandestine entry to the UK.