The Home Office's own assessment reveals that more than half of the people whose asylum and visa claims are rejected under tightened human rights laws will continue to live in the UK. Documents released on Tuesday show that plans to set new limits on article 8 of the European Convention on Human Rights are expected to result in an additional 11,700 people having their claims rejected annually. However, an impact assessment indicates that 55% of those refused under article 8 reforms are expected to remain in the UK.
Bill introduces £10,000 charge and new appeals system
The documents were released after Shabana Mahmood introduced the immigration and asylum bill to parliament. The bill proposes to charge asylum seekers £10,000 before they are granted settled status, establish a new appeals system without judges, and impose new restrictions on trafficking claims.
Imran Hussain, director of external affairs at the Refugee Council, criticised the bill, stating it could cause “chaos in the Home Office and for the next prime minister for years to come.” He added: “It would create a whole new architecture of bureaucracy for the Home Office by building a new appeals system and imposing an unfair extra tax on refugees, while ignoring the poor quality of initial decisions that is actually driving significant delays and costs.”
Impact assessment details
According to the bill’s impact assessment, the Home Office will see “an estimated 11,700 additional refusals due to the impact of the article 8.” A Home Office internal analysis found that “the proportion of refused applicants that remain in the UK after being denied article 8” was 55%. The department also found that 34,000 asylum seekers were granted the right to stay in the UK last year on the basis of article 8, and estimated the lifetime cost of each migrant who invoked ECHR rights was £141,000 after tax.
Tightened definition of family unit
The legislation will allow article 8 claims only for a tightened definition of a “core family unit,” including spouses, parents, and children. Those who establish families while living in the UK illegally will no longer be able to use their spouse or children to avoid deportation. The bill also changes the Modern Slavery Act to end what the government says is abuse of the legislation. Modern slavery claims must be lodged within a certain time after arrival, and each individual will be restricted to one claim.
Government aims for fair system, but opposition expected
Ministers hope the bill will create a firm but fair asylum system and reduce pull factors driving illegal migration. However, some Labour MPs are expected to oppose the bill over its strictest measures. Last week, the Home Office revealed plans to use more former military barracks to house thousands of asylum seekers after closing 20 more hotels in England.
A Home Office source explained that article 8 is a human rights route based on family or private life, and those affected by the changes include individuals seeking asylum and those wishing to remain on the basis of family ties.
