Inadmissible Asylum Seekers

Baroness Hamwee Excerpts

Thursday 9th May 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, both my noble friends have asked some questions. I am not sure whether my noble friend Lord Hussain’s question is a new one, but my noble friend Lord German certainly asked questions to which many organisations and many citizens want to know the answer.

The Refugee Council has sent us its estimates. No doubt the Minister has seen these, and I hope he will be able to answer on them, directly or indirectly, because if the Government will not say and will not give us the answer then what has happened to accountability, and if they cannot say then what does that tell us about how much they are in control? Last week, I asked some questions about numbers and the Minister regarded them as operational matters that he was not able to answer. I hope he will be able to be more forthcoming today.

I wanted to speak about housing, but I realised that time would be against me. I think all noble Lords will understand that, for everyone, housing is essential for stability and a basis from which exploitation and a whole range of abuses, including trafficking, can be avoided. If one does not have it, one is in real trouble.

I was a member of the Joint Committee on Human Rights six or seven years ago when it considered detention in various circumstances, one of which was immigration detention. There are plenty of reports on the damage that detention can do. The committee was actually very shocked at the evidence it heard. The Government may say that one aspect of detention has been solved, which is the lack—or rather loss—of hope. They may say that is now irrelevant because detainees know they will be removed to Rwanda. I would challenge that.

I would also challenge how people are currently being detained, according to widespread reporting. This is not new, but people are being picked up from reporting centres and taken into detention without belongings, clothes, medication, phones or the means of contacting anyone who can help or needs to know. Neither the treatment nor the occasion is new, but if an asylum seeker is complying with the terms of their bail conditions, goes to report and behaves entirely properly then why are they received and dealt with in that way? Why the brutality and dehumanisation?

Of course, people are becoming more aware of what might happen without warning. I understand that they are being advised to pack a bag now, with contact details of lawyers and support organisations, and leave it with friends so that somebody can access it. But we also know that people are already slipping away and going underground.

I also want to ask about the Safety of Rwanda caseworker guidance, version 1.0. The legislation requires “compelling evidence”. The guidance has a section on this that is introduced by saying that it

“explains the meaning … for the purposes of considering claims that Rwanda is not a safe country for the claimant in question”.

How does this differ from the guidance from which the Home Office, and advisers and experts, have been and are working when the issue is whether a country other than Rwanda is a safe third country?

It is important to be clear what is required for evidence to be “compelling”. I thought I understood that when we were debating the Bill, but looking at the guidance, I am not sure I do. It looks to me as if the previous, or existing, tests are those required to be met. The references are—I suppose inevitably—to cases that precede this April. The term “compelling” is repeated and repeated, but that does not necessarily help. I am very much a lay person, but it did not seem to me in the past that the Home Office was satisfied with evidence provided by an applicant for asylum when it was not compelling.

I have been asked by a psychologist—I should declare that they are a personal contact—who has made assessments of asylum seekers and acted as an expert witness to the court, about my questions and whether I can pursue them, which chimed with my own reading. It is important, of course, that experts and advisers are clear, as well as the Home Office, because “compelling” must mean something. The guidance refers to

“a credible report from a suitably qualified independent expert, based on an adequate assessment”.

Of course, but is that a particular expertise that is different from previous expertise? The guidance also states that

“where the assertion is of a type for which strong, objective evidence ought to be available, such as the existence of a medical condition or a history of engagement in political activism, the threshold is unlikely to be met in the absence of strong, objective evidence in support of the claimant’s own account”.

Evidence of political activism is likely to be available—certainly in documentary form in the applicant’s coat pocket. It is exactly the sort of thing that it would be unsafe to travel with. As regards medical conditions, does this mean evidence recorded prior to the claim? Is it something new? Further assistance would be very helpful.

The guidance states that the impact of the threat of removal to Rwanda must be discounted. Is this rhetorical? Is it possible for an individual to be assessed without taking account of the whole situation, including removal from all his social, religious and support networks? My noble friend Lord German has raised some very pertinent questions about limbo-land, or purgatory. One thing is for sure: limbo-land is not a safe country.

--- Later in debate ---

[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.

[Baroness Hamwee (LD)]

I appreciate that the time allocated for the Minister is passing but, since several noble Lords took far less time than their allocation, I am sure the House will be sympathetic if he continues.

I think he has finished with the numbers, which he said would answer my noble friend Lord German; I am not sure that they have. On the same subject, the only way to come without crossing the channel would be to fly or to be here already, because we are an island. The report on safe routes published some months ago merely reported on what the safe routes are, without proposals for new safe routes. Can the Minister tell the House what proposals the Government have in mind so that their conditions can be fulfilled? I also hope he can answer the question from the noble Lord, Lord Coaker, about the reporting.

[Lord Sharpe of Epsom (Con)]

The noble Baroness will be aware that under the provisions of the Illegal Migration Act, a consultation process took place with local councils and authorities to find out what their local capacities are. I believe that consultation process has concluded, but I do not yet know the outcome. That will presumably inform the debate as to the safe and legal routes that may or may not be made available after we know the numbers.

We are continuously working through cases that could not previously be progressed as they require further investigation. The difficult cases typically relate to asylum seekers presenting as children, where age verification is taking place; those with serious medical issues; or those with suspected past convictions, where checks may reveal criminality that would bar asylum.

To come on to a few of the more specific questions, I can say confidently that detention capacity is sufficient. I cannot comment on other operational aspects around detention, but as of 24 April there were 2,200 people in immigration removal centres, which includes those liable for removal to Rwanda.

In answer to the questions from the noble Baroness, Lady Hamwee, I can say that any evidence presented by an individual will be considered on its own merits. The information needs to be substantial and reliable and support the claim being made.

In answer to the questions from the noble Lord, Lord German, about our ODA spend, that is all reported in line with OECD rules. We do not include support costs for those in detained accommodation, nor for those whose asylum claims have been declared inadmissible.