Briefing: Nationality and Borders Bill

The government claims that the bill will increase the fairness of the asylum system and deter illegal entry into the UK. However, many of the measures risk creating more injustices in the system which will increase the trauma and pain experienced by asylum seekers attempting to reach safety in the UK. Key aspects include:

• Measures to create a ‘two-tier’ system of refugees, which would alter the asylum system so that the route via which someone arrives in the UK will determine the way a claim for asylum is processed. Group 1 refugees are those who arrive directly from the country they have fled via a government approved route, and will be immediately granted indefinite leave to remain. Group 2 refugee include all other refugees, including those who have travelled through other counties, before taking ‘irregular’ routes (e.g. a channel crossing) to the UK. This group will be sent back to a ‘safe’ country they passed through on their way to the UK, or granted only temporary permission to stay in the UK, with limited family reunion rights and limited access to benefits. There is currently no way to claim asylum without being physically present in the UK.
• Making it a criminal offence to arrive in the UK without permission.
• Increasing the punishment for people smugglers and gangs who facilitate entry to the UK.
• Introducing “reception centres” for asylum seekers and those whose claims have been rejected, providing “simple, safe and secure accommodation” while claims and returns are being processed.
• The lack of targets for resettlement, or the creation of safe and accessible routes by which people can claim asylum in the UK.

We are producing updated briefings on the bill as it progresses through parliament.