Refugees (Family Reunion) Bill [HL]

Baroness Williams of Trafford Excerpts

2nd reading (Hansard): House of Lords
Friday 15th December 2017 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I thank the noble Baroness, Lady Hamwee, for raising this very important issue, which we oft discuss in your Lordships’ House, and noble Lords for the many thoughtful and passionate contributions to the debate. I think it would be useful if I state up front, particularly in response to the noble Baroness, Lady Afshar, and my noble friend Lord Cormack, that I totally agree that immigration—and I say this as an immigrant—has enriched the UK, particularly for refugees who have made the UK their home.

Since 2010, we have granted more than 100,000 refugees permanent residence in the UK. In the year ending September 2017, almost 9,000 children found shelter, security and safety in the UK—49,000 since 2010—and we are committed to resettling up to 3,000 vulnerable children, together with their families, from the Middle East and north Africa region, and 20,000 vulnerable refugees by 2020, around half of whom will be children. Those are the facts to date. In comparing ourselves with the EU, I think we can stand proud because in 2016 the UK resettled more refugees—adults and children—than any other EU member state, and more than a third of all resettlement to the EU was to the UK. We are a welcoming country and we remain a welcoming country.

The noble Lord, Lord Rosser, asked how many visas have been issued outside of the Immigration Rules in family reunion cases since we published the new guidance. I can give him the figures for 2015 and 2016. In 2015 we issued 21 visas outside the Immigration Rules. In 2016 we issued 49. Up to September 2017 we have issued 49. Whether there are exceptional circumstances depends very much on the facts of each case but may include, for example, an adult dependent son or daughter living in a conflict zone or a dangerous situation with no other relatives to support them. Since we published the guidance in July 2016, entry clearance officers have referred an increased number of applicants for a grant of leave outside of the rules. These have included children aged over 18 from various countries, such as Syria, Iraq and Sudan, who are not living an independent life and who applied as part of a family unit.

My noble friend Lord Cormack made the important point that we must not turn inwards. Britain has always been an outward-looking country and we will remain so on leaving the European Union. We will continue to uphold our international obligations and welcome refugees to our shores, as we have done throughout history, as my noble friend pointed out.

I have listened to concerns for those separated from family members by conflict or oppression. No one could fail to be moved by the thought of close family living in conflict zones or dangerous situations. That is why this Government strongly support the principle of family unity and we already have a comprehensive framework for family members of refugees to be reunited here. This is set out in the Immigration Rules and our family reunion policy, rather than primary legislation. This policy has seen more than 24,000 partners and children reunited with their refugee family members in the past five years. There are rules already in place for extended family of refugees in the UK to sponsor children where there are serious and compelling circumstances, and for British citizens to bring family here so that there is no need for children, in particular, to make illegal and dangerous journeys to get to the UK, as many noble Lords have acknowledged.

The noble Lords, Lord Dubs and Lord Kerr, and the noble Baronesses, Lady Sheehan and Lady Hamwee, talked about the pull factor and the Government not having evidence of that. I absolutely accept that there are push factors but it is important that we do not create further incentives for asylum seekers to choose to come here illegally rather than claim asylum in the first country that they reach. It is important to note that the push factor of civil war or persecution is the deciding factor in whether or not an individual flees their country, but we must do all that we can to support those in need of protection to claim asylum in the first safe country to avoid these dangerous secondary movements.

We know that changes in policy impact on asylum seekers’ choices with regard to those secondary movements. In 2015, Germany, for example, saw its asylum intake increase by 155%. More than 20% of people who sought asylum in Germany in 2015 were from countries in the Balkans, which thankfully have not seen conflict for more than 20 years.

The noble Baroness, Lady Hamwee, talked about our no longer funding DNA tests for family children. There is no requirement to provide DNA evidence or any other type of evidence, because we recognise that documentary evidence may not always be available, particularly in countries where there is no functioning administrative authority. We have improved our guidance to highlight the challenges that applicants may face in this regard.

Noble Lords highlighted the fact that the family reunion rules provide only for immediate family members, but our policy caters for extended family living in precarious and dangerous circumstances. There is provision to grant visas outside the rules—I have given those figures to the noble Lord, Lord Rosser—in exceptional cases and published guidance for caseworkers makes that clear.

The noble Lord, Lord Paddick, asked about former refugees being unable to sponsor family members under family reunion. Most refugees will complete six years’ leave to remain before they can apply for British citizenship and they can sponsor their family members at any point during those six years. But there is also provision in the family rules for British citizens with exceptional circumstances. I can write to him further about this if he wishes.

I must be clear that the rules will remain in place after our exit from the European Union. Some have sought to argue that so-called family reunification under Dublin may no longer be available post Brexit. However, Dublin does not confer immigration status simply because an individual has a family member in the UK; it is a mechanism for deciding the member state responsible for considering an asylum claim. Those transferred under Dublin may need to leave if they are found not to need protection. Our family reunion rules will continue to enable immediate family members to reunite safely with their loved ones in the UK, regardless of which country those family members are in. In addition, those recognised by UNHCR as refugees may be able to join close family members here in the UK through our mandate resettlement scheme. Individuals are referred to UK Visas and Immigration by UNHCR where resettlement to the UK is deemed appropriate. We need to ensure that existing schemes are used to full effect to benefit family members living in regions of conflict. For this, we must rely on UNHCR referring more people for resettlement under these schemes.

I can assure your Lordships that we are listening to concerns about family reunion and discussing with NGOs how we can make improvements as part of our wider asylum and resettlement strategy. Our starting point, however, is that family reunion is a matter for Immigration Rules and policy rather than primary legislation. I believe that those rules already cater for certain types of cases that noble Lords are concerned about, although I agree entirely that we need to ensure that the policy is delivered in practice.

The noble Baroness, Lady Hamwee, referred to Immigration Rule 319X regarding unaccompanied children. I assure her that we are looking at that rule and whether improvements can be made. Home Office officials are discussing this with the NGOs, including organisations such as UNICEF.

The noble Lord, Lord Paddick, said that our policy is perverse and out of step with the rest of Europe vis-à-vis children. Our family reunion policy meets our international obligations and allows thousands of refugees to be reunited with their immediate families. We regularly review family reunion policies in other member states and note that some are seeking to impose more stringent requirements. I have already laid out some of the figures, but it is important that our system does not encourage asylum seekers who have reached a safe country to choose to move elsewhere. We must avoid illegal migration from safe countries, which undermines our efforts to help those most in need.

The noble Lords, Lord Paddick and Lord Dubs, talked about reinstating legal aid in family reunion cases. We are committed to providing clear guidance and application forms to support customers through the family reunion process. Again, we are working closely with key partners such as the Red Cross and UNICEF to further improve the process for considering family reunion applications, so that people understand what is expected of them and to ensure that policy works in practice. Legal aid is paid for by taxpayers and, as noble Lords will understand, resources are not limitless. It is important that it is provided for those most in need, including those who claim asylum.

Our focus remains on those who need protection and those fleeing conflict. I am of course aware of the importance to those recognised as refugees in the UK of having their family join them here to support their integration. That is why our policy allows immediate family to come here, whether they need protection in their own right or not. More importantly, this Government’s significant resettlement commitments are designed to keep families together. It is worth reflecting on the contribution that the Government have made to support those fleeing conflict and oppression. I laid out some of the figures earlier, but we have expanded our resettlement commitments to resettle more than 23,000 people by 2020. In addition, we have committed £2.46 billion of humanitarian aid in response to the Syrian conflict.

In conclusion, we already have a comprehensive framework to provide safe and legal routes for family to reunite here. Instead of primary legislation, we must ensure that our existing family reunion policy is delivered in practice. I think the noble Baroness, Lady Hamwee, made that point right at the outset. This includes granting visas outside the rules in exceptional circumstances and using our resettlement schemes to full effect, so that we help those who need it most. I thank the noble Baroness once again and ask her to continue to work with the Government to see whether there are any other ways in which we can build on the existing family reunion policy and process, without the need for primary legislation.