Inadmissible Asylum Seekers

Lord German Excerpts

Thursday 9th May 2024 Lords Chamber

Asked by

[Lord German]

To ask His Majesty’s Government what estimate they have made of the number of people who have entered the United Kingdom without prior permission since 7 March 2023 and so have been deemed inadmissible to the asylum system, and what plans they have to deal with them.

[Lord German (LD)]

My Lords, I must first draw attention to my interest in the RAMP organisation, which supports me, which is in the register.

My purpose in tabling this topical question debate is to establish facts about the Government’s policy in respect of the 73,000 asylum applications, covering roughly 90,000 people, that have been made since the introduction of the Illegal Migration Bill on 7 March 2023. The Minister will know very well that we on these Benches do not support the Government’s policy on removal of asylum seekers to Rwanda or provisions in the Illegal Migration Act. However, he will be very pleased to know that I do not intend to re-rehearse those arguments today.

Today I am seeking answers from the Minister to confirm how the Government intend their policy to be applied. This matters to the taxpayer, to the 90,000 people caught up in it and to the many organisations that are seeking to support them. I also seek to pursue some of the questions to which the Public Accounts Committee in the other House sought answers in its evidence session of 5 April 2024.

Those individuals who arrived in the UK on a visa, for example as a student, and then later claimed asylum, for reasons such as civil war breaking out in their own country, would have their asylum claim considered in the UK. However, as there is no legal route by which to enter the UK to claim asylum, once the Illegal Migration Act is fully in force most of the asylum applications made since 7 March 2023 will be deemed inadmissible. This means they will have lodged an asylum application but, due to their method of travel to the UK, their cases will have been placed on hold pending a third country accepting their removal—namely, Rwanda. Their asylum claim is not admitted into the UK asylum system, so the substance of their claim would never be assessed in the UK. They are effectively in indefinite limbo until they can be sent to a safe third country.

In the Permanent Secretary’s letter of 25 April to the chairs of the Public Accounts and Home Affairs Committees in the other House, he confirmed that the exact number of these asylum applications deemed to be inadmissible would

“only be confirmed once the full triage”

of these arrivals had been completed. So my first question is: what do the Government predict will be the number of inadmissible cases from 7 March 2023 to the present, based on their current modelling?

We have two cohorts of people who are in limbo within this 73,000. The first is the Illegal Migration Bill cohort, who arrived between 7 March 2023 and 19 July 2023. These amount to 21,313 applications as of 14 April this year. These individuals are not subject to the duty to remove, but they are subject to the ban on leave to enter or remain, on settlement and on citizenship. Whether they are inadmissible into the asylum system is a decision to be made by the caseworker, following guidance. What happens after that is what I am trying to establish. At the moment, the Government appear to be doing their best to pretend that these people do not exist—maybe they are hoping that they can leave it for the next Government to sort out.

In the Commons Public Accounts Committee evidence hearing of 15 April, the director general of the customer services group at the Home Office stated that this March to July 2023 cohort would start to be processed this month. Has that practice of processing commenced? Secondly, when would the Minister expect the processing of the asylum applications of the March 2023 to July 2023 cohort to be completed? Thirdly, have the 2,500 caseworkers, previously recruited to clear the legacy backlog, been retained? If so, are they being used to clear this backlog?

We have a bizarre situation here, in that individuals can be admitted into the UK asylum system if they are deemed not to have arrived irregularly. However, despite the ban on granting leave having come into force last July, when the Act received Royal Assent, there has been no guidance since then on how the ban is being applied to them. How is the ban on leave being applied? When will guidance be published about how leave can be granted to this cohort and what rights and entitlements should be attached to that leave?

The second limbo cohort within this 73,000 is what I call the Illegal Migration Act cohort, those who have claimed asylum having arrived from 20 July 2023 to the present day. As of 14 April, there were 51,926 cases, representing around 64,000 people. Of course, this figure is growing each day as more people arrive. It might be wise to remember that, despite the Government’s focus on small boats, small boat arrivals accounted for only 37% of the total number of people claiming asylum in the UK in the year ending June 2023.

Once Sections 2 and 5 of the Illegal Migration Act are commenced, asylum claims meeting the criteria will be automatically deemed inadmissible, with the duty to remove to a third country. I would like an answer to the question: what is the Government’s plan for these people? This is a matter of capacity, from both the Rwandan side and our own.

Although the Government insists the Rwanda scheme is uncapped, the reality is that only a small proportion of these limbo cohorts will ever be removed there. The Rwandan Government spokesperson said last weekend that Rwanda could relocate “thousands” over the course of the five-year partnership. There is no indication from Rwanda that this amounts to tens of thousands in the first year.

The Government intend to detain people prior to their removal to Rwanda. Currently there are about 2,200 detention spaces in the UK. Given that there are immigration detainees not related to this Rwanda policy already occupying detention spaces, what detention capacity is available for those being removed to Rwanda? Are there plans in place to create more detention spaces?

Current evidence suggests that the majority of these 90,000 people will remain indefinitely in limbo. They cannot have their asylum claims processed in the UK and they cannot be removed to a safe third country—with some few exceptions with which I agree, particularly in relation to Albania and India.

Without permission to work, they will have to rely indefinitely on asylum support, and there is a huge risk that many will be exploited in the black market. This is what closing down the asylum system looks like. Have the Government made an assessment of the impact of this policy on the numbers of people entering the black economy and very likely being exploited? This is not good for the individuals concerned, our communities or the taxpayer. The Government need a plan, and we need to understand what it is. They cannot simply pretend that this group of people do not exist. Amid the numbers, the data and policy detail, it is essential that we remember the human cost of this policy failure—people’s lives held in suspension. What assessment has been made about the long-term impact of this period of limbo on individuals and communities?

I will turn to money. The Independent Commission for Aid Impact highlighted in its last report the increasing amount of aid spent on asylum seekers and refugees from the aid budget—28% in total. In the Public Accounts Committee, the Home Office director-general for migration and borders was asked if that money could continue to be used, and he said it was an issue under review with the Treasury regarding the ODA rules and applicability, because the asylum seeker classification is the one that permits ODA funding for their first year in a country’s asylum system. Can the Minister tell us if ODA money can be used to support this growing cohort of in-limbo asylum seekers? I hope that he can provide answers, which I am seeking on behalf of not just the tens of thousands of people in this position and the organisations that support them, but the taxpayer who will have to fund it.

We need transparency around what the Government’s policies are. These are not simply operational matters; they are policy issues for which the Government has responsibility. Apart from the huge cost of the scheme, people need to understand what will happen to them. I remind the House that these people are illegal only because the Government have deemed them so; they are men, women and children who have sought protection in the UK, yet the Government have refused to consider their cases. The top nationalities of these people are Afghan, Iranian, Eritrean and Sudanese, which previously had grant rates of 98% to 99% for entry into this country. They are refugees. The current policy will hold these people in a government-imposed limbo, in a state of purgatory. It is not a good place; it denies hope and devalues the futures of so many who have fled for their lives.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank the noble Lord, Lord German, and all noble Lords who have contributed to this debate. As noble Lords are aware, the UK has a long and proud tradition of providing safe haven to those who genuinely need our protection, and we remain committed to providing such protection, in accordance with our international obligations.

The matter of the Government’s proposed approach to addressing the cohort of individuals who have entered the United Kingdom since 7 March 2023 is therefore an important one. It may be helpful if I set out, in general terms, the Government’s approach and recent successes in clearing the asylum legacy backlog, give a brief update on the Government’s aims for deciding the asylum claims which have been made since 7 March and clarify how inadmissibility provisions will be applied. Before I do that, again none of the speakers addressed the simple question of why people have to claim asylum in the first safe country. It seems to be forgotten repeatedly and often that these arrivals in this country have all left a safe third country. It is a long-standing principle that those in need of genuine protection should claim asylum at the earliest opportunity, in the first safe country they reach, and this is the fastest route to safety.

I remind the House of the progress the Home Office made in 2023 in clearing asylum legacy backlog. As noble Lords will recall, the legacy backlog comprised 92,601 asylum claims lodged before 28 June 2022, when provisions within the Nationality and Borders Act came into force. The Prime Minister committed on 13 December 2022 to clear this backlog by the end of 2023. The Prime Minister’s commitment to clear the backlog was delivered at the end of the year and, in total, 112,000 asylum cases were processed in 2023. Increased efficiency and capacity saw the Home Office not just clear the backlog but exceed it by also processing over 25,000 asylum claims lodged on or after 28 June 2022. To achieve the success of 2023, the Government enhanced processing and deployed an additional 1,200 caseworkers, thus meeting the target to double the number of asylum caseworkers and increasing productivity.

As of 14 April 2024, there were 2,545 full-time equivalent decision-makers in post, answering the question of the noble Lord, Lord German. That is nearly double the number of asylum caseworkers in April 2023. In addition, the streamlined asylum process was developed as part of the legacy backlog clearance strategy for adults. It centred around accelerating the processing of manifestly well-founded asylum claims from legacy claimants of certain nationalities, such as those from Afghanistan, Eritrea, Libya, Syria, Yemen and, more recently, Sudan. This involved the use of an asylum questionnaire provided to claimants allowing them to explain why they required protection status in the UK. The United Nations High Commissioner for Refugees welcomed the introduction of the streamlined asylum process, publicly stating

“Removing the requirement for substantive interviews through the use of a questionnaire for asylum seekers from certain countries with very high grant rates should meaningfully reduce the current backlog of cases awaiting adjudication. Simultaneously, the procedure should uphold appropriate safeguards by maintaining individual interviews before any negative decisions are made”.


Since April 2023, children’s claims from high grant rate nationals of Afghanistan, Eritrea, Sudan, Syria and Vietnam have also been considered through the streamlined asylum process. It remains a key priority to consider claims as efficiently as possible, to clear the asylum backlog and to reduce the number of people on asylum support, in turn reducing the burden on taxpayers. By our speeding up decision-making, asylum seekers are given the certainty they need to plan for their future. In 2024, flow claims—those lodged on or after 28 June 2022 and before 7 March 2023, as well as asylum claims from those who arrived before 7 March 2023—are being prioritised now that the legacy claims have been cleared.

The Home Office has continued to build on existing processes and systems in its approach to tackling this latest cohort of claims. For example, the streamlined asylum process was extended to include eligible claimants from 28 June 2022 to 6 March 2023. During July 2023, the streamlined asylum process for children’s claims was also rolled out to claims from the same nationalities lodged from 28 June 2022 until 6 March 2023. We have recently redesigned the statement of evidence form for children, making the process quicker and more streamlined. The process for accompanied and unaccompanied asylum-seeking children enables cases to be progressed more quickly.  The latest provisional data shows that, as of 14 April 2024, there were 7,358 outstanding claims made on or after 28 June 2022 and before 7 March 2023. This demonstrates that we are making good progress on clearing the remaining claims. That means that the Government have made excellent recent progress in clearing both the legacy and, shortly, the flow backlog of asylum claims. The Government remain committed to their objective of deterring illegal migration to the UK and stopping the boats.

The Government are clear that those who fear persecution should claim asylum in the first safe country they reach, and not put their lives at risk by making unnecessary and dangerous journeys to the UK. Illegal migration from safe countries undermines our efforts to help those most in need. Controlled resettlement, via safe and legal routes, is the best way to protect such people and disrupt the organised crime groups that exploit migrants and refugees.

[Lord German (LD)]

I wonder if I could ask about those who come directly to this country and those who pass through other countries? Given that nearly two-thirds of all people who are here irregularly do not come in small boats, what percentage have come directly? For example, those who overstay visas have not come via a third country but have arrived directly. I understand that the Government do not know how to split up that two-thirds, but is there any data on the numbers arriving here directly in that 60-odd percent?

[Lord Sharpe of Epsom (Con)]

I can reassure the noble Lord that I am coming to a more detailed set of number shortly, if he will bear with me. The safe third country inadmissibility policy is a longstanding process, intended to encourage individuals to claim asylum in the first safe country they reach. That is an established part of international asylum procedures, applied across the EU and explicitly provided for in UK law, including in the strengthened provisions introduced in the Nationality and Borders Act 2022.

 With the exception of unaccompanied asylum-seeking children, those who choose to travel from a safe third country such as France, and then claim asylum in the UK may find their claim treated as inadmissible to the asylum process. That means that the UK will not consider the substance of the person’s claim and will seek their removal to a safe country.

In answer to the right reverend Prelate about facilities in France, anyone detained at the border is held for the shortest time possible. We prioritise processing children and vulnerable people as quickly as possible. Individuals in detention are held in safe and decent conditions. There are established procedures in place in every facility to monitor people’s welfare and safeguarding needs. These facilities are subject to inspection by HMG’s Inspector of Prisons, accompanied by their French counterpart, to ensure that they are of the highest standards.

 It is in this context that current removals to Rwanda may apply. Any individual who is otherwise suitable for an inadmissibility decision and who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda, under the Migration and Economic Development Partnership. Individuals will only ever be removed to a third country when that country is safe and removal is appropriate, according to the individual’s particular circumstances.

Once commenced, the provisions in the Illegal Migration Act will further strengthen our approach to inadmissibility.  When a person meets the four conditions under Section 2 of the Act, they will be subject to the duty to remove. Any asylum or human rights claims made against the person’s country of origin will be declared inadmissible. The UK will not consider the substance of the person’s claim and will seek their removal either to their home country—if it is safe to do so—or to a safe third country, such as Rwanda.

As of 14 April 2024, there were 21,313 outstanding claims made between 7 March and 19 July 2023. In addition, there were 51,925 outstanding claims made on or after 20 July 2023. I would caution that this data is provisional. It is taken from live operational databases and has not been cleansed to remove duplicates. The finalised figures as at the end of March 2024 will be published later this month.

 

The right reverend Prelate also asked me about the numbers of missing children. There are 111, they are all male and 98 have reached the age of 18. There are 13 left who are under the age of 18.

These provisions will apply to both adults and children. The duty to remove does not require the Secretary of State to make removal arrangements for unaccompanied children, but there is a power to remove unaccompanied children in limited circumstances, such as family reunion with a parent. However, any asylum or human rights claim made against the child’s country or origin will be declared inadmissible. Taking these measures will send a clear message that children cannot be exploited and cross the channel in small boats for the purpose of starting a new life in the UK.

Once commenced, these inadmissibility provisions will apply to those who are subject to the duty to remove under the Illegal Migration Act, and who entered or arrived illegally on or after 20 July 2023. As all asylum claims are generally worked in date order, the next cohort of asylum claims that are due to be progressed are those made by individuals who arrived in the UK after 7 March 2023. Further information will be published on our plans to decide these cases in the coming weeks. I am afraid there is no more I can say at this point.

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[Lord German (LD)]

I am sorry to interrupt again, but can the Minister answer the question? His officials told the committee in the other House that there is ongoing discussion about whether the continuous use of ODA is possible. Have those discussions with the Treasury reached a conclusion, and is the Minister able to say that it is certainly possible to spend this money now?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have that information to hand. I will see whether I can find it, and I commit to write to the noble Lord if I can.

I turn to other aspects of the various questions I was asked. The noble Lord, Lord Hussain, asked about individuals who were previously present in a safe third country and entered the UK by a dangerous and unnecessary method. I am afraid that they are liable to relocate to Rwanda. It is an ongoing operational matter, so I am unable to provide a running commentary on individual numbers or cases.

In answer to the comments by the noble Lord, Lord Coaker, about colleagues, I note that he now has a colleague who says:

“Don’t trust Labour on immigration they really want open borders … The Government wants to close legal loopholes … Labour seems intent on creating them”,


and

“Labour … are not serious about stopping small boats, tackling criminality, protecting people from the smuggling gangs or saving lives in the Channel”.

What on earth did the colleague mean by all that? I think the noble Lord knows.

As I hope I have made clear, the Government recognise the crucial importance of having in place a robust operational plan to deal with individuals who have outstanding asylum claims in the UK. We are getting on with the job; we will have a lot more to say on this subject, and I expect to be questioned on numerous future occasions on this very subject. I have little else to add.