Delays in the Asylum System

David Mundell Excerpts

Wednesday 7th July 2021 Westminster Hall

[David Mundell (in the Chair)]

I remind hon. Members that there have been some changes to normal practice in order to support the new hybrid arrangements. Timings of debates have been amended to allow technical arrangements to be made for the next debate. There will be suspensions between each debate.

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Members attending physically should clean their spaces before they use them and before they leave the room. I also remind Members that Mr Speaker has stated that masks should be worn in Westminster Hall.

[Navendu Mishra (Stockport) (Lab)]

I beg to move,

That this House has considered delays in the asylum system.

It is a pleasure to serve under your chairship, Mr Mundell. I thank the many Members attending the debate for their ongoing efforts to push the Government to address the delays in the asylum system. It is shocking that not a single Conservative Member thought it necessary to take part in a debate on such an important issue.

I pay tribute to the many organisations and charities that campaign tirelessly to raise awareness of the issue, as well as those—including the Refugee Council, Detention Action, the Greater Manchester Immigration Aid Unit, and Lift the Ban, to name just a few—that provide vital support to some of the most vulnerable people on our planet. So many people are worthy of recognition for their incredible work, such as Councillor Wilson Nkurunziza, Councillor Irfan Syed and Stockport’s own Mrs Sandy Broadhurst. There are also those who do so much at national level to keep the issue at the forefront of everyone’s minds, such as Lord Alf Dubs.

In my region, Refugee Action Manchester and the Refugee Council provide life-saving and life-changing support to asylum seekers, while Stockport Baptist church in my constituency has done so much over the years to help to raise funds to provide accommodation, food, pocket money and transport to those in need. I am grateful to the volunteers from the Greater Manchester Immigration Aid Unit, who support the incredibly vulnerable people who are subject to immigration control. Significantly, they have worked with local authorities across Greater Manchester, and seven of the 10 councils have signed up to remote asylum interviewing for looked-after children: Bolton, Bury, Manchester, Oldham, Rochdale, Salford and Wigan.

Our country has a proud history of standing up for and protecting refugees, who are among the most vulnerable people on earth, having undertaken perilous journeys to reach our shores to seek sanctuary from the very worst of humanity. We are the fifth richest country in the world and that is absolutely the right thing to do. It is also right that our country provides shelter to people—not excluding them, but enabling them to earn a living to support themselves and their family.

I am proud that my part of the world, the north-west, is the largest asylum dispersal conurbation in the UK, housing 25% of our country’s applicants, with 70% of those living in Greater Manchester. Data provided by the House of Commons Library reveals that 138 asylum seekers are based in Stockport and more than 6,000 in Greater Manchester as a whole, which is two thirds of the total in the north-west region. It is heart-warming to see how my community has embraced those people and helped them to integrate into our community. I have long been an admirer of the work of Stockport Baptist church, whose congregation and supporters have raised funds to support refugees with food, pocket money, accommodation and transport costs.

It cannot be right, however, that so many are simply stuck in the system for long periods, unsure of what their fate will be. Detention Action revealed that more than half of the almost 40,000 people in detention centres have been waiting for a decision for more than a year. A similar number have been waiting for up to five years, with almost 25,000 people indefinitely detained last year.

Greater Manchester Immigration Aid provides urgent assistance to more than 50 young people who have been waiting the best part of a year for an asylum decision, despite half already having had a remote interview. Even when the asylum system is functioning marginally more efficiently, the average wait for those handled by my local unit is 51 days, with the longest wait being 82 days—almost three months. That is completely unacceptable, and it involves the livelihoods of some of the poorest people in our society, including young people.

It is vital that the Government look again at how those in the system are treated. One issue that must be addressed is the Aspen card handover debacle. I focus on that issue because it reflects many of the problems in the system. Aspen is a debit payment card given to UK asylum seekers by the Home Office to provide basic subsistence support via a chip-and-pin system. However, purchases made using the card are closely monitored by the Home Office, making it an insidious surveillance tool. Recently, the Home Office switched providers, which proved nothing short of disastrous owing to the 48-hour period between the old card being deactivated and the new one going live, forcing people to live off what little means they had.

That is just one of myriad problems, from claimants not receiving their cards to their receiving cards carrying the wrong name, cards without money on them or cards that do not work, or people being unable to activate their cards. When cards were not working, asylum seekers could apply for emergency cash payments from accommodation providers, but those have been inconsistently applied and people could not access any more payments. There are stories from the Refugee Council of such people having to survive for days without food.

That is an absolute disgrace, and it can never be allowed to happen again. Why was it even allowed to happen in the first place? Perhaps the Minister will answer that question today. However, well before the card changeover took place, multiple organisations forewarned the Home Office that there could be problems, and it is clear they were simply not listened to. When the matter was raised in Parliament, the Government attempted to give the impression that it was a minor issue, rather than one that had gone on for weeks. Their claims could not be further from the truth, with many asylum experts describing the Government’s handling of the issue as the worst failure they have seen in the system. That is why the likes of Asylum Matters are continuing to raise awareness of it—they want the Home Office not only to acknowledge its failings, but to learn from them so that we never again put the neediest people in society in this desperate situation.

There are also well documented and widespread concerns about the way women are dealt with in the asylum process, particularly whether that process is sensitive to specific issues faced by women. The expectation that a woman has been the victim of domestic abuse or rape, and will be able to disclose that during her interview with a UK visa and immigration caseworker, has been pointed to as a serious problem.

There cannot be a one-size-fits-all approach. We must acknowledge that these are incredibly vulnerable people in the most desperate of circumstances and act accordingly. That means shining a light on the failings of the system, rather than demonising those within it. Just last month, asylum seekers held at the Home Office’s widely criticised Napier military barracks claimed they would be blacklisted if they spoke out following the High Court ruling that to use the site was unlawful. That included them being told that their asylum application would be at risk if they talked to the media about conditions at the camp. Instead of attacking those in the barracks who are in conditions described as “squalid” during the successful legal challenge, the Government should have acted immediately to close the camp.

The failures in our system cause untold distress and are a considerable factor in the high levels of mental health problems among asylum seekers. Refugees are five times more likely to have mental health needs than people in the general UK population, while 61% report that they have suffered serious mental distress as a result of their ordeal, including higher rates of depression, post-traumatic stress disorder and other anxiety disorders.

The way the Government treat asylum seekers in this country—the fifth richest in the world—is truly shameful. That lack of humanity was exposed during the 2015 migrant crisis when our European counterparts, such as Germany, showed benevolence, true compassion and leadership by giving asylum to more than 1 million people fleeing war in Syria, Afghanistan and Iraq. In stark contrast, the UK allowed a paltry 25,000 the safety and sanctuary of our shores.

I am sure Members on both sides of the House agree that on this issue language is important. Asylum seekers are people—fellow human beings who deserve to be treated with respect and in a fair manner—and following a decade when we have experienced the hostile environment orchestrated by the Home Office under this Government, I urge the Minister to do the right thing and offer those people a route out of poverty and destitution.

We do not need more distressing words and scenes from the Home Secretary. Sadly, just yesterday, we bore witness to the Home Secretary’s latest demonisation of migrants, with her shamefully describing those vulnerable people as “vile criminals”, smearing the vast majority of honest, law-abiding citizens who seek sanctuary in our country. As HOPE not hate made clear in its response, the Home Secretary’s words were disgraceful.

The Home Secretary also set out callous plans with proposals revealed for new legislation that will pave the way for offshore centres for asylum seekers, and criminal charges for migrants arriving in the UK without permission. The new laws will likely see thousands of refugees turned away and vulnerable migrants criminalised for seeking a better life. Furthermore, a Refugee Council analysis of Home Office data suggests that 9,000 people who would be accepted as refugees under the current rules—those confirmed by official checks to have left war and persecution—might no longer be given safety in the UK because of how they arrived. That really would be an all-time low for this Government.

The Government must do more to enable those seeking asylum to have the right to work. Last year, the Lift the Ban campaign—a coalition of more than 240 charities and trade unions, including Unison, the National Education Union and the NASUWT, as well as businesses, faith groups and think-tanks—presented the Home Office with a petition signed by more than 180,000 people, which called on the Government to lift the ban. They are still waiting for that ban to be overturned, which is why I recently tabled an early-day motion, which has been signed by 42 MPs to date. It calls on the Government to

“recognise the injustice of preventing people seeking asylum from working”,

particularly when they are forced to live on a derisory £5.66 a day. After all, that is in the Government’s own interest: if those seeking asylum had the right to work, that would lead to fewer support payments and increased income tax and national insurance receipts of up to £100 million for the public purse.

The bottom line is that the pandemic has exposed the harsh reality that asylum seekers cannot be safe under such restrictive rules. Far from being looked after, they are forced to depend on tiny handouts each day and to choose between food, medicine and hygiene products, while being prevented from having the dignity of work.

The Government must do far more to address their unfair dispersal system. The majority of asylum seekers are housed in disadvantaged local authority areas while dozens of councils support none at all. Figures show that more than half of those who seek asylum or who have been brought to Britain for resettlement are accommodated by just 6% of local councils, all of which have household incomes that are below average.

Finally, the Government must heed the United Nations Human Rights Council proposal to reform the registration, screening and decision making process, including introducing an effective triaging and prioritisation system, as well as simplified asylum case processing and front-loading the asylum system to enable more information to be gathered earlier in the process.

It is time our Government stopped their gunboat diplomacy and treated asylum seekers with the dignity and humanity that they deserve. When most are fleeing war-torn countries that the UK helped to play a role in devastating, that is surely the very least we can do.

[David Mundell (in the Chair)]

I am not going to enforce a formal time limit on speeches at this stage, but I expect Members to adhere to an informal limit of around four minutes. I call Virendra Sharma.

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[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a real pleasure to serve under your chairmanship, Mr Mundell. I pay tribute to the hon. Member for Stockport (Navendu Mishra) for raising this massively important issue. How we treat people who come to this country seeking sanctuary is probably the most significant measure of whether we are allowed to call ourselves Great Britain. It speaks of us as a people and it speaks around the world about what kind of country we are.

I have some figures of which people will perhaps be aware. At present, 66,185 people in our asylum system are waiting for a decision—that is the highest figure for a decade. Of those people, 50,000 have been waiting for an initial decision for more than six months—again, that figure is the highest for a decade. In 2014, 87% of cases were decided within six months; in 2020, it was just 20%.

I understand, as we have heard it before, that Ministers will say that that is down to the covid crisis, the pressure on the system and excessive numbers. The reality, of course, is that the number of asylum seekers coming to this country fell by 21% last year, to among the lowest recent levels, with just 35,355 applications—down from the height of 84,000 in 2002. That gives us a bit of a sense that what we have is a massive backlog that has a colossal impact on the lives of people who have already gone through desperate situations.

Let us not have any nonsense about them being bogus asylum seekers, because we know that the majority of them will succeed in claiming refugee status and a right to remain in the end. By the way, if I apply for a job and I do not get it, I was not bogus; I was unsuccessful. The notion that people who come here seeking asylum are doing something nefarious is a rotten thing to start off with in any event.

The idea that we are being swamped by asylum seekers, and that that is why there is a problem, does not stack up. What does stack up is a failure of Government—perhaps we could be generous and argue that it is a failure of Governments over the years—to tackle this issue. Their lack of competence is being disguised by the bogus rhetoric that we have too many asylum seekers. As I say, we have fewer this year than last year by the order of 21%, so there is even less excuse for this backlog than there has been in the past.

The notion that we are overwhelmed with asylum seekers is, again, the same rhetoric and the basis on which the “New Plan for Immigration” is formed. We will get bad legislation if it is formed on a bogus basis. That bogus basis is that we are overwhelmed with asylum seekers, but we had 35,000 asylum seekers in 2020, while Germany had 120,000 and France and 96,000. If we were to add ourselves back into the EU for the purpose of a league table, we would be 17th out of 28—we would be a Blackburn Rovers, in the lower-mid table. The notion that we have a problem is nonsense. Actually, we do have a problem, but it is the competence of the Home Office’s systems, not that we are “overwhelmed” with asylum seekers. Because this country is an island, we find ourselves with fewer of those desperate people to help, so why on earth are we making it so hard for them when they are here?

Imagine the things that they have gone through and experienced on their way here. We then make them wait six months, a year, 18 months and longer, in poverty and often in totally inappropriate accommodation, almost punishing them for having fled appalling circumstances. The “New Plan for Immigration” will make that worse. It will formalise the incompetence in the process because it will mean that some people will have to wait more than six months before they can even be looked at, and then they will be given a maximum right to stay of only 20 months.

I will finish by challenging the Minister to think about an intelligent, compassionate way through this: giving people the right to work. Why cannot people who are waiting for asylum be given the right to work? That would be good not just for the Exchequer, because they would pay their way, but for their mental health, their personal income and, given that we know that most of them will be given the right to remain, their ability to integrate into our community. As the MP for the Lake district, which is desperate for staff because the Government’s new visa rules have robbed my businesses of a workforce this year, I say that that might be one way of helping us through this.

I will end with this cheeky request. Will the Minister meet me and, more importantly, Cumbria Tourism chiefs to talk about how the Government’s immigration policy could help rather than hinder the Lake district’s tourism industry? Finally, surely we have to prioritise solving the backlog in a compassionate and competent way, not legislate to make things worse, which is the Government’s current plan.

[David Mundell (in the Chair)]

Our virtual participants were very good at sticking to the four-minute time limit. Members here physically should try to do that as well.

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

It is a pleasure to serve under your chairmanship, Mr Mundell. I congratulate my hon. Friend the Member for Stockport (Navendu Mishra) on securing this timely and important debate, his excellent speech and his commitment to raising the serious issue of delays and the myriad of associated problems with the asylum system.

Many people, myself included, are proud of the British values of fairness and decency. Those values underpin our shared sense that people in the UK will get a fair hearing, backed up by the rule of law. However, chronic delays in the asylum system are undermining and eroding those values, causing human suffering and creating a system that is unfair and chaotic. There is copious evidence of this in the “Living in Limbo” report, published by the Refugee Council earlier this month, and referred to by hon. Members throughout the debate.

The Minister should be alarmed and appalled by its findings. The raw data obtained from the Home Office via freedom of information requests are truly shocking. The data make it crystal clear that delays in the asylum system are endemic and have got worse and worse over the last decade. If the asylum system were a hospital patient, it would be in intensive care on a life support machine with a prognosis of a slow but terminal decline. The facts speak for themselves. The hon. Members for Strangford (Jim Shannon) and for Westmorland and Lonsdale (Tim Farron) made compelling cases illustrating the Government’s failures via the data. More than 30,000 people are currently waiting between one and three years for an initial decision—in 2013 this was only 4,500 people—and 6,388 of those in 2020 were children, which is a tenfold increase since 2012.

The data and the facts say one thing, but the decision to propel myths about asylum seekers is a cruel and politically calculated choice by the Government. Instead of blaming the people, the Government should hold up the mirror to themselves to address the actual problems they have caused by refusing to fix the broken asylum system. Even more staggering is that at the end of March, over 66,000 people were waiting for an initial decision from the Home Office—more than will watch England at Wembley tonight. That is the highest number in over a decade and a truly shocking state of affairs.

The statistics are shocking enough, but the human cost of the delays is even worse. I am talking about people—many of them children—whose trauma of lived experience is compounded by being left in limbo in the asylum system, in many case for years on end. My hon. Friends the Members for Edmonton (Kate Osamor), for Salford and Eccles (Rebecca Long Bailey), for Vauxhall (Florence Eshalomi) and for Liverpool, Riverside (Kim Johnson), my right hon. Friend the Member for Hayes and Harlington (John McDonnell) and the hon. Member for Leicester East (Claudia Webbe) gave examples of worrying cases of constituents who have been caught up in the asylum system and whose cases are unresolved. I have an example of constituent F who came to the UK from Afghanistan as a child and applied for asylum in August 2013. It took seven and a half years, and my involvement as his MP, for the matter to be resolved this February. As the SNP spokesperson, the hon. Member for Glasgow North (Patrick Grady) said, it should not take an MP’s intervention to resolve such problems: it is not good enough. The impact on the mental health and wellbeing of people in this position is devastating.

During the time before a decision is made, people live on just £5 a day and are not permitted to work. People awaiting a decision are accommodated within a system that was not designed to be used for the long term. People are becoming increasingly mentally unwell as the years of uncertainty, trauma and demonisation erode their mental and physical health. The Refugee Council reported that this has led to an increase in the numbers of individuals self-harming and reporting suicidal thoughts. We heard of the appalling situation for the constituent of my hon. Friend the Member for Liverpool, Wavertree (Paula Barker), which is really concerning. The Children’s Society report “Distress Signals” also outlines serious concerns about the damage done to children’s mental health in those conditions—damage done at a formative age that will last a lifetime.

As a lawyer, I am fond of the axiom that justice delayed is justice denied. Those cases, where people are placed in limbo, is justice denied on a vast scale. Beyond the human cost of these delays is the financial cost. The backlog adds considerably to the overall cost of the asylum process. My hon. Friend the Member for Ealing, Southall (Mr Sharma) spoke about the cost and failure of the asylum system. The Refugee Council has calculated that, for every month of delay, the additional cost to the Home Office per person is at least £730.41, equating to £8,765 per year. Therefore, the total cost per year of the current backlog of people awaiting an initial decision for more than six months is estimated to be approximately £220 million. The delays make absolutely no financial sense. What is clear is that the Home Office needs to get a grip of why it is that staffing increases have not helped to reduce the unacceptable delays and backlog.

What further concerns me is the fact that the Government appear to have very little by way of a plan to solve the backlog issue. For instance, the Government’s Nationality and Borders Bill, published yesterday, contains no measures for tackling the backlog. The Government’s desire to define safe and legal routes in an increasingly narrow way while criminalising irregular routes will do nothing to help with the backlog. The measures are likely to make delays in the system far worse, because the inadmissibility proposals will result in more people having to wait six months before their claims are even looked at.

Rather than chasing headlines through the draconian measures outlined in the Nationality and Borders Bill, there are practical steps the Government could take to make the asylum system function in an effective, fair and humane way. Some actions could be taken straightaway to tackle the unacceptable delays in the system, which cost so much in terms of both human suffering and public money. In February 2021 the UNHCR outlined proposals that would address the current backlog and prevent future ones from building up. Those proposals include introducing an effective case prioritisation system and introducing simplified asylum case processing procedures.

I also urge the Government to stop the increased pressure on our judicial system by ensuring that there is better decision making at the outset, with fair, quick decision-making processes instead of processes that drag on and leave lives in limbo. The Government must look at the proposals seriously and not repeat the mistakes of the past. Only by making concrete change to the system will they enable it to be effective, fair and humane. That, I believe, is what everyone wants to see. We must reflect on what the Government’s plan would mean for Britain as a society: I do not want to see our British values of decency and humanity eroded.

The end of this month, 28 July, marks the 70th anniversary of the refugee convention. In the aftermath of the second world war, in a shattered Europe, Britain came together with 26 other countries to form a strong foundation and create the convention. That is true British pride and patriotism, and a historical legacy. Almost 70 years later to the day, the UK Government are seeking to step back from that agreement. That is the sobering reality, and one of the many social and political impacts of the Government’s proposals.

We can look back on how we treat people seeking sanctuary here today with pride, or we can look back on this time as one that could and should have been much better. The humane treatment of those seeking sanctuary is as much about us rescuing our own values as it is about rescuing people in need. The Government must not delay in dealing with this issue.

[David Mundell (in the Chair)]

Thank you very much. I now call the Minister, Chris Philp. Please be mindful that Mr Mishra will have a few moments at the end to wind up the debate.