Statement of Changes in Immigration Rules

Lord Hylton Excerpts

Wednesday 19th October 2022 Lords Chamber

Moved by

[Lord Hylton]

That this House regrets that the Statement of Changes in Immigration Rules (HC17), published on 11 May, implements plans to differentiate between refugees depending on how they entered the United Kingdom, does not provide for safe routes, and was not accompanied by an impact assessment on the effect of the changes. 2nd Report from the Secondary Legislation Scrutiny Committee

[Lord Hylton (CB)]

My Lords, this debate should really start with a health warning. I say that not because of the time of day but because the official list of changes in the Immigration Rules since 1994 covers more than one large page of closely typed A4. There have been some four to seven changes every year since then. The good news is that the Secretary of State will review the changes made since 2017, produce a report and publish it. We may get some insights into the various zig-zags of policies over the years.

I turn now to the statement of changes of 11 May, referred to in my Motion. The statement implements Section 12 of the principal Act. I regret that it is equally discriminatory, giving successful asylum applicants different rights depending on how they arrived here. Group 1 will be a very small group who arrived here direct from the country they fled or who entered under another visa and then applied for protection—for example, following a change of regime. Group 2 applies to successful asylum applicants who arrived via other countries. They will be the great majority of recognised refugees in future.

Group 1 will get status and leave to stay for five years, after which they can apply to remain permanently. They can sponsor a partner and any children under 18. By contrast, group 2 will gain status and leave to stay for 18 months only. In the last of those 18 months they may apply for an extension, but they will have no automatic right to settlement here. Reunion will be possible only for a spouse or child who cannot safely live elsewhere. Your Lordships will see that there is a huge difference in the treatment of the two groups, although both will have been accepted as bona fide refugees.

The British Red Cross, which I thank for its information, points out that refugees should have support based on their need for protection, not their method of arrival. Short periods of leave to enter will harm integration, making it difficult to learn new skills and gain employment. The Home Office will have to decide on applications to extend the leave to remain. This resource could be better used in reducing the backlog and giving better and quicker first decisions. I note that on 30 June the backlog was more than 99,000 cases.

The restrictions on family sponsorships will harm women and children by removing, for many, an existing safe method of arriving. This in turn may lead to more dependants attempting dangerous journeys to reach their next of kin. Lasting family separation and uncertainty will make it harder for recognised refugees to integrate.

The new regulations on family reunion may be slightly clearer than the old ones. There can be little doubt that they are more restrictive, but the complexities are such that free legal aid would be extremely helpful. At present it is not available. Therefore, much will depend on guidance that we have yet to see and on training for caseworkers and sympathetic implementation.

I come now to the special case of El Salvador, from which in 2017 there were only 38 asylum applications. Then, because of that Government’s harsh repression, the figures rose by stages to reach 658 in the first six months of 2022. Over the last two years, more than half of these applicants received refugee status or humanitarian protection. Why has this safe and legal route now been closed?

The May regulations had no impact assessment. I therefore ask: will one be published, in particular on group 2 refugees? Shorter periods of leave, no automatic route to settlement and restrictions on family reunion are the most important points to be considered.

The success of the two schemes for Ukrainians shows what can be done when there is good will and good co-operation all round. Over 133,000 entry clearance visas were granted for Ukrainians in the year ending last June. I have met a number of those who have benefited, and simply ask that every effort be made to enable people with good qualifications and good English to move into suitable work.

The media have enjoyed a field day over cross-Channel arrivals, but there can be no doubt about the desperation on the part of those facing the risks. We can gain a sense of proportion by comparing the numbers of cross-Channel arrivals with the much greater volume of visas provided for students and workers, and indeed for Ukrainians and British overseas nationals.

I have, I hope, outlined the weaknesses and omissions in these changes to the rules. They provide serious grounds for regret. I trust that subsequent speakers will touch on positive steps that this country could take to prevent loss of life in the channel by closer co-operation with France. If speakers can offer new ways of making the asylum process more humane, I will be delighted. I beg to move the Motion in my name.

[Lord Lilley (Con)]

My Lords, I begin by saying how sad I am to see the Home Secretary depart from her job today. I had very high regard for her; she brought great legal expertise and determination together. At the same time, I wish Grant Shapps well in his new job as Home Secretary. He was my neighbour in Hertfordshire and is a long-standing friend of mine. I hope that he will pursue with equal diligence the obligations we have and the commitments that we had in our manifesto.

However, there is little point in tidying up the law in the way that we are doing today if the law itself can be turned inside out by the courts. It is pretty clear that that is what has happened time and again in recent years. As a result, we have some 250,000 rejected—failed—asylum seekers in this country who, since 2005, have not been returned to their countries or removed from this country. That is in addition to the 125,000 who have been granted asylum.

The rate of acceptance on first application in this country suddenly doubled after the Windrush scandal, although it is hard to see what the logic of that doubling was. The effect is that we now accept twice as high a proportion of asylum seekers on first application as does France, on the other side of the channel—which is doubtless one reason why people choose to leave France and come here, even by dangerous routes.

Can I just deal with three or four delusions, illusions or mistakes that are very prevalent? The first is that we have no safe routes into this country. The noble Lord, Lord Hylton, made some very sensible points, particularly about the constant change in the regulations we face. We have some 13 different routes and they have exploded in numbers over the last year. We have seen the best part of 300,000 people arrive in this country and be accepted by safe migration routes, including 150,000 from Ukraine. That is a wonderful way we are responding to the problems in Ukraine and almost all of them want to return if and when peace returns to Ukraine. Sadly, that may not be immediate and many of them will put down roots in this country, so will add to our population. They are wonderful people, but we have to take into account the fact that we have a massive increase in our population. There were 120,000 from Hong Kong—again, one understands why—and 20,000 from Afghanistan. All arrived by safe routes. So when President Macron says that the problem with Britain is that is has no safe routes, he is simply out of touch with what is happening in this country.

The noble Lord, Lord Hylton, said that there can be no doubt about the desperation of people who cross the channel in small boats to come to this country. Let us be quite clear: they are coming from France, Germany and Belgium. If they are desperate, what is it about those countries that makes them desperate? They are not coming here from Afghanistan or Iran by boat; they are coming from France and Germany. One of the reasons can be that they have applied or could apply in those countries but know they would be rejected, whereas here our system—having been degraded by constant legal undermining of the rules—makes it much more likely that they will be accepted, even if other countries would not consider them legitimate asylum seekers.

The third point I want to make is that it is an illusion to say we have taken back control of immigration. Over the last year we have given over 1 million visas to people to come and settle in this country. Where are the houses going to be?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My reading of it is that it does, but I accept that my reading may not be entirely accurate. I will also say that, obviously, women in Iran should seek safety in the nearest available safe place, and that is the point of what we are talking about to a large extent.

All this is to underline that we remain committed to helping the world’s most vulnerable and oppressed people. This country has a long-standing tradition of extending the hand of friendship to those fleeing conflict, tyranny and persecution, and that record will continue.

The noble Lord, Lord Hylton, asked me a number of very specific questions which I will do my very best to answer in full. He talked about legal aid for refugee family reunion and whether that may or may not be available under the exceptional case funding scheme. It is where failure to provide legal aid would mean there is a breach, or a risk of a breach, of the individual’s human rights and it is subject to means and merits tests. In 2019, we amended the scope of legal aid so that separated migrant children are able to receive civil legal aid for applications by their family members and extended family members. This includes entry clearance and leave to enter or leave to remain in the UK made under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances.

The noble Lord, Lord Hylton, asked why the safe route for people from El Salvador has closed. Since 11 May 2022, Salvadorean nationals have been required to obtain a visa prior to entering the UK as a visitor. The decision to impose a visa regime was taken solely for migration and border security reasons. Over the preceding five years there had been a sustained and significant increase in the number of UK asylum applications from Salvadorean nationals at the UK border: up 1,750% since 2017. While this change requires Salvadorean nationals to obtain a visa entry clearance in advance of travel, it does not close the safe and legal routes available to Salvadorean nationals to enter the UK.

The noble Lord also asked whether, under the two existing Ukraine schemes, there is any progress in getting professional and technical qualifications recognised in the country. The Department for Levelling Up, Housing and Communities is working with the Department for Business, Energy and Industrial Strategy, other government departments and the UK Centre for Professional Qualifications to clarify and promote the process for converting professional qualifications into comparable UK equivalents. That will help Ukrainians to keep up employment in their chosen professions or industries and make the most of their opportunities to use their skills and knowledge while they are living in the UK.

The noble Lord, Lord Coaker, asked about asylum wait times. As he noted, the asylum system has been under mounting pressure for several years. Increased and sustained intake, and a growing number of people awaiting a decision, have led to significant delays. We are currently concentrating on deciding older claims, high-harm cases, those with extreme vulnerability and those of children. I am afraid I am unable to offer specific timescales at this time, but I commit to notifying the noble Lord as and when I can. I will pursue that particular statistic.

Before I finish, I will talk about the practicalities and practice. They were noted by a number of people, including the noble Lords, Lord Hylton and Lord Horam. To some extent this informs the debate about Iran. Who are we talking about, coming across in small boats? That is essentially the nub of this. In 2022, 87.7% have been male. Between 2019 and 2021, 89.7% were male—it is pretty consistent. The top five countries of origin for small boat arrivals this year, bearing in mind that most of the migrants are men, are Albania, Afghanistan—where there is a safe and legal route—Iran, Iraq and Syria. I am not diminishing those people’s reasons for wanting to be in this country, but I question whether Albania is really the right source for asylum claims. It has been noted that some of them have chosen not to seek asylum, with the deterrent effect of the policy around Rwanda. I also point out that of those men—I did the numbers this morning—approximately three-quarters are between the ages of 18 and 39.

A couple of noble Lords, including the noble Lord, Lord Dubs, pointed out that there has been persistent criticism of France. I am not here to do that. I am here to commend France, because since July 2020 we have made more than 500 arrests, dismantled 21 organised crime groups and prevented more than 23,000 crossings. So I thank our French friends for their efforts in that regard. I hope they continue and perhaps improve. Who knows? There may be room for improvement.

The noble Lord, Lord Coaker, asked me a bit about Rwanda in relation to women from Iran. With the exception of unaccompanied children, any individual who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda. But decisions will be taken on a case-by-case basis and nobody will be reallocated if it is unsafe or inappropriate. Everyone considered will be screened and have access to legal advice. I cannot be more unequivocal than that, but I take the noble Lord’s point and will certainly raise it in discussions. I hope that satisfies him.

This is a very complex subject. It is a global phenomenon, influenced by multiple and complex factors. I am sure noble Lords are aware of the horrifying statistics of displaced persons around the world. I think this country is trying to do its bit but, obviously, we cannot take all of them. That is just not possible, as my noble friend Lord Lilley noted.

I close my remarks by again thanking noble Lords for their contributions throughout this debate. I understand this remains an emotive issue, obviously. The Government are committed to upholding our domestic and international obligations through safe and legal routes while also securing our borders, upholding our immigration laws and preventing unnecessary and dangerous journeys to the UK. We do not concede that the legislative changes and policy intentions behind differentiation are insufficient or problematic, as proclaimed in the regret Motion. We therefore cannot agree with the stated position of the regret Motion advanced by the noble Lord, Lord Hylton.

[Lord Hylton (CB)]

My Lords, I had slightly expected that this might have been a rather dry-as-dust debate on the precise terms of the regulation. To my delight, it has branched out and blossomed. Many very important issues were raised, so I am doubly grateful to all those who have taken part in it. I note that they have come from all sides of the House. I join in the congratulations made earlier today to the Minister on his new role, and thank him in particular for his precise answers to the several questions that I raised with him in preparation for this debate.

The debate has touched on Rwanda, so maybe I could briefly say why sending people there would be a very bad idea. It is a country with a high poverty level and very poor human rights record. For example, refugees who have protested have been fired on and a number killed. There are strong allegations that refugees who have left Uganda to go to other countries have been murdered by Rwandan agents. I note that Israel had an agreement with Rwanda but has had to abandon it. I very much hope that Denmark will not follow this dangerous and unreliable course, and that development aid will not be used as a bribe to persuade the Rwandans to take external people.

That is all I need to say on that. Having done so, and having thanked those who need to be thanked, I beg leave to withdraw my Motion.

Motion withdrawn.