More than 1,100 people, including survivors of torture and trafficking, have been convicted of illegally arriving in the UK since 2022, according to freedom of information (FoI) data obtained by a criminologist from the University of Manchester. The offence of illegal arrival was introduced by the Home Office in 2022 to deter irregular migration via small boats or other means like lorries, but critics argue it criminalizes those seeking sanctuary, contrary to the refugee convention.
Key Statistics from the FoI Data
The data, obtained by Dr Victoria Taylor, a research fellow at the University of Manchester, reveals that between July 2022 and January 2026, 1,109 people were prosecuted for illegal arrival. Of these, 628 arrived on small boats, with 296 captured on surveillance drone footage steering a dinghy. Others had previous immigration history in the UK. Notably, only 12 people were convicted of the separate offence of facilitation (steering a dinghy), as gathering evidence for facilitation is more challenging for the Home Office and Crown Prosecution Service than prosecuting for illegal arrival.
Survivors and Children Among the Convicted
Among those convicted were survivors of torture and trafficking, and at least 30 age-disputed children, 19 of whom spent time in adult prisons. In one case, a trafficking survivor from South Sudan was forced at gunpoint to pilot a small boat; the Home Office settled a judicial review, agreeing to ensure greater protection for trafficking victims in such cases. Emily Soothill, partner at Deighton Pierce Glynn, who represented the man, said: “Unfortunately it is clear from our client’s case that potential victims of trafficking are regularly being convicted for illegal arrival and imprisoned for many months. The concessions made in our client’s case underline the need for a robust and consistent application of the UK’s modern slavery framework to prevent survivors of trafficking from being wrongly treated as criminals.”
Impact on Asylum Seekers
The organisation Captain Support UK, which has worked with hundreds of people imprisoned in illegal arrival cases, noted that all sought asylum in the UK within hours before their arrest. A spokesperson said: “We see first-hand the negative impact these prosecutions have on people and their families. We urgently call on the government to stop imprisoning people on the move. No one should be put in prison for seeking safety and a better life.” Dr Taylor added: “The process of who is selected for prosecution is arbitrary and cruel.” She highlighted that most of those imprisoned had claimed asylum in the hours before arrest, and many have since been granted asylum or recognised as trafficking victims. Taylor also questioned the compatibility of these prosecutions with the refugee convention, stating: “There is no evidence to support the government’s claims that these prosecutions will ‘deter’ people from attempting to cross the Channel.” The Home Office has been approached for comment.
