Refugee Family Reunion

Alex Sobel Excerpts

Thursday 21st June 2018 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

This is the 65th anniversary of the signing of the European convention on human rights. One of the fundamental rights guaranteed under article 8 and enshrined in UK law is the right to family life. The article states:

“Everyone has the right to respect for his private and family life, his home and his correspondence.”

My hon. Friend the Member for Stretford and Urmston (Kate Green) has already mentioned the UN convention on the rights of the child. Unfortunately, the UK is out of sync with its own law by not applying the right to family life to refugee children.

As we have heard, the Refugees (Family Reunion) (No. 2) Bill, promoted by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), seeks to amend the law so that child refugees are allowed exactly the same rights as adult refugees, as well as legal aid to make their application. I support his Bill.

I emphasise that that only applies to children who have been processed and have lawfully acquired refugee status, and who therefore have the legal right to be in this country. I am sure that anybody with children of school age still worries a little when their children go on a school trip, even if it is only for a day. Imagine those children having to flee their home after witnessing the ravages and horrors of war and to make dangerous journeys over thousands of miles alone, having left their family behind. It is not something that any parent would wish on any child, let alone their own. Then imagine that, having made that journey and reached a safe haven, that child cannot be reunited with his or her parents or siblings. Imagine the mental trauma that the child has to go through alone. It is inhumane to prevent any child from having access to their family.

There is an EU directive on family reunion, which has been adopted by 25 out of the 27 EU members. Article 10 of the directive specifies that unaccompanied child refugees are entitled to be reunited with their family members. Two countries chose not to opt in. Ireland has introduced its own domestic law right to allow child refugees to be sponsors for their family members, so that they can join them. Only Denmark and the United Kingdom are out of step with the rest of the EU.

[Alex Sobel]

Does my hon. Friend share my concern that, when the Prime Minister says “Brexit means Brexit”, this is what she means—that refugee children will not be able to be reunited with their families? Does not our international reputation potentially suffer in the same way that the United States’s has this week if we adopt such policies?

[Bambos Charalambous]

I thank my hon. Friend for his comments. He is right that, given the uncertainty about what will happen post Brexit, we cannot be sure of anything, and these issues need to be spelled out and confirmed as soon as possible.

Why would anyone want to deprive these child refugees of the right to be with their parents and families? These are vulnerable children, some suffering from post-traumatic stress disorder, dealing with the bureaucracy of being a refugee, having difficulty accessing support, in a culturally different environment and now lacking the support network of their family. Why heap that unnecessary cruelty on a child when it is obvious that a child refugee will do so much better in all areas with the support of their family?

The UK has already failed in its promise to accept 480 children from the Calais camp, which is shameful, and it is only thanks to the phenomenal work of charities such as Help Refugees that some of the Calais children living in the woods are alive today. I hope that hon. Members at least have the humanity to do the right thing by supporting the children who are already here.

Having looked at the first part of the Bill, I will now focus on the second part, which relates to legal aid. Legal aid was made unavailable for refugee family reunion cases following the passing of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It is difficult enough for adults to navigate the myriad complex legal procedures and forms that need to be completed. With family reunion applications, there is an additional requirement: family members have to attend the closest British embassy, which will necessarily mean travelling through conflict zones. In some cases, there is a need for DNA tests, and documentation gathering is also a necessary part of applications. The British Red Cross highlighted the complexities of applying for family reunion in its report “Not so Straightforward”.

As child refugees have no other way of accessing the legal support they need because of the bureaucracy created by the Government, it is only right that they should have access to legal aid to help them to navigate this process. If the Government want to reduce the cost of the Bill, perhaps they should look at making the process of family reunion easier and therefore cheaper. Since the Legal Aid, Sentencing and Punishment of Offenders Act came into effect in 2013, there has been a cut of more than £600 million in the legal aid budget, which is over and above the savings that the Treasury was demanding of the Ministry of Justice. The Act is due to be reviewed this year. I am not aware of how much progress has been made on that front, but the Bill gives the perfect opportunity for the Ministry of Justice to examine the impact of the legal aid cuts, particularly in the field of family reunion, and to put some money back where it is needed.