Refugee Family Reunion (Immigration Rules)

Anne McLaughlin Excerpts

Tuesday 29th November 2016 Westminster Hall

[Anne McLaughlin (Glasgow North East) (SNP)]

I congratulate the hon. Member for Bristol West (Thangam Debbonaire) on bringing this crucial issue back to this place. I must confess that I find it difficult to fathom why any Government would put as many barriers in the way of family reunion as the current Government and their predecessors have. I want to focus on children who have been granted refugee status in this country—children who are recognised by the state as part of a group that is in danger in its home country. What possible benefit is there to them or us in denying their parents the opportunity to be reunited with them?

Even if the overarching concern is financial, it is expensive to keep a child in care. In the long term, such children have a higher chance of developing mental health problems, getting involved in crime and becoming homeless. By virtue of having been in care, their life outcomes are lower than those of the average child, and dealing with those reduced outcomes is expensive for any country. Can I convince the Minister to consider that allowing the parents of such children to come here to look after them could be classed as preventive spend? Given that we know that preventive spending means huge future cost reductions, would that not be a sensible financial decision?

The Government may well argue—they have in the past—that we cannot let that happen lest it creates some perverse incentive for unaccompanied migration, but that argument is flawed on several levels. Not just that—it is offensive and betrays a deep cynicism about humankind. First, there is no evidence from other jurisdictions that permit family reunion for unaccompanied children that such incentives actually exist. It is worth stressing that in the EU, only the UK and Denmark do not permit reunion in such cases. In all earnestness, I must ask the Minister on what evidence the Government base their assumption—or is it simply an excuse?

Secondly, as I said, that argument is based on a base and deeply cynical view of human nature. Yes, some people would abuse the system, just like there are MPs who abuse their systems and companies that abuse the tax system, but should Governments really reach a position based on what a minority of those vulnerable people might do? Who would send their child off unaccompanied into a foreign country with strangers on the off-chance that they might get to safety and be able to send for their parents? Surely only those who were desperate and genuinely in fear for their lives and their families’ lives, such as the parents whose three-year-old was murdered and eaten in front of them by terrorists and the mother who was forced to watch as soldiers raped her little girl in the Democratic Republic of the Congo. I should say “mothers and fathers”—there have been many more than one.

Given that unthinkable choice—rape, murder or an uncertain journey into the unknown that could end in their child reaching a place of safety—what would any parent here do to protect their child? Perhaps one day they will see them again, but if not, at least those children have a chance. Who would send their children on such a journey? Only someone who was desperate—only genuine refugees.

I echo Amnesty International’s call—it was also one of the eight requests of the hon. Member for Bristol West—for the Government to reinstate legal aid in family reunion cases. The Scottish Legal Aid Board continues to fund such cases, but given the complexity of some of the processes involved, particularly for refugees with a limited grasp of English, natural justice surely demands that legal aid must be available to all so that the proper evidence on which to make decisions is submitted. I know that that costs money, but the alternative, which is that those with valid claims—those who are at risk of suffering the terrible atrocities I have just mentioned—routinely fail due to a lack of proper legal support, should be repugnant to a civilised society.

The Immigration Law Practitioners’ Association raised several detailed points about the definition of “family” when it comes to family reunion. Does that cover grandparents or siblings in the case of parental deaths? There must be far greater recognition of the difficulties that refugees face. I spoke earlier about the financial cost of putting children in care to the taxpayer and the cost to those individuals in terms of life outcomes. It has long been agreed that it is far better to place children with a wider family network if their parents cannot be with them. In this country, that is called kinship care, which is rightly praised by all Governments because of the sacrifices that are made and the benefits to us all. Yet when grandparents, siblings, aunts or uncles of refugee children are willing to make that sacrifice and take care of those children—as all kinship carers do—which would benefit us all, that is suddenly deemed not such a good thing and they are not recognised as family.

In short, the Government have got themselves into a complete and utter fankle in this area. They need to look again at family reunion so that refugees who have already had to give up their homes, families, friends and familiar surroundings do not also have to give up their families and never have to choose between safety and family because of decisions made by the UK Government. We in the Scottish National party group will continue to press the UK Government to be at the forefront of efforts to respond to the humanitarian crisis and ensure that our systems for dealing with these complex issues are fit for purpose and reflect a kind and compassionate set of values.