On 28 April 2022, the Nationality and Borders Bill received Royal Assent and become an Act of Parliament, much to the horror and dismay of the world. The Act changes the legal landscape when it comes to UK asylum system and we are deeply concerned that it penalises refugees who come to the UK instead of helping them. Many of the measures introduced by the Act are incompatible with international law and damage access to justice.
The biggest headline change brought about by the Act is the power to send asylum seekers to Rwanda whilst their asylum claims are being processed. This will apply to asylum cases which the Home Office considers to be ‘inadmissible’ – including those who have a connection to a country the Home Office deems to be ‘safe’. This provision is already facing its first legal challenge in UK courts and we are hoping that this awful provision will soon be reversed. After all, another headline change which was challenged within the first week of the Act being passed, and which has subsequently been dropped by the UK government, was the plan to turn back people crossing the English Channel.
The Act also introduces a two-tier asylum system so that those who arrive in the UK illegally will receive less protection and support than those who arrive in the UK legally. In fact, those entering the UK illegally or overstaying a visa may be imprisoned for up to 4 years and we believe that this will disproportionately penalise those who need the most help. The Act also increases the standard of proof which needs to be met before someone is recognised as a refugee. It removes certain important stages of appeal and allows the Home Office to fast-track asylum cases – it is worth remembering that in 2015, the previous fast-track system for asylum cases was declared unfair and unlawful by UK Courts and was abolished – we fear that this new fast-track system will lead to many similar injustices. The new Act also reduces the threshold at which someone is considered to have committed a particularly serious crime and therefore may not receive refugee protection. It also introduces penalties for late submission of evidence which will also disproportionately impact individuals unfamiliar with the UK asylum system or those who have fled their countries without evidence to prove they fear persecution upon return.
At Elaahi & Co Solicitors, we are passionate about defending your rights and we are not afraid of challenging the law where it is incompatible with international rights or where it prevents you from accessing justice. If you need advice on whether you can challenge a Home Office decision made to your asylum claim or immigration matter after the Act was passed, contact our expert team of fearless lawyers on 020 3930 3831. We are here to help you.
