Immigration Rules: Supported Accommodation

Holly Lynch Excerpts

Wednesday 16th December 2020 Commons Chamber

[Chris Philp]

On the first question, about the asylum track, after somebody arrives—having come, we believe, from a safe country where they could have claimed asylum—and if they are declared inadmissible, we will seek for a short period to get the agreement of that other country to return them there, where their asylum claim can be substantively and properly considered. If that is not possible, the asylum claim will of course be substantively and properly considered in this country.

My right hon. Friend asked some questions about our asylum system more generally—I think she was in some way seeking to insinuate that it was not reasonable or fair. The accommodation that we provide is reasonable and good, and there are 60,000 people currently being accommodated.

In terms of our system more widely, last year we made 20,000 grants of asylum or other forms of protection—that is a very high number. We welcomed and received more unaccompanied asylum-seeking children last year than any other European country, including Greece. Over the last five years, our resettlement schemes have seen 25,000 people taken directly from conflict zones and resettled in the United Kingdom—more than any other European country. After the 232 remaining people have come over, we will continue with resettlement, as far as we are able to, given the context of coronavirus and everything else. I therefore think we have a proud record of helping people who are genuinely in need.

My right hon. Friend asked about safe and legal routes. In addition to what I have described, last year over 6,000 people came into the UK under the refugee family reunion routes, which of course continue to exist.

The purpose of these changes is to prepare us for life after Dublin, and it is quite right that we make preparations, but at the heart of this is a desire to dissuade people—indeed, prevent people—from making unnecessary and dangerous journeys, particularly across the English channel, endangering their own lives and feeding ruthless criminal people smugglers, and all for no purpose, because France is a safe country where asylum can easily be claimed, as are the other European countries these migrants have travelled through.

My right hon. Friend asked about future agreements. She referenced France, and we are of course in close dialogue with France—we have a very close and friendly relationship. We will also be entering into discussions with other countries, including some of the ones she mentioned, as soon as the current European-level negotiations are concluded. These rules lay the foundations for those future discussions and negotiations, but most of all they will deter dangerous and unnecessary journeys, and I hope the House will join me in supporting that objective.

[Holly Lynch (Halifax) (Lab)]

I thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for securing this urgent question and for the incredibly important points she made, not least in relation to asylum accommodation.

As we have heard, these changes will allow a claim to be found inadmissible if someone has had the opportunity to claim asylum in another safe third country prior to claiming asylum in the UK. That is not dissimilar to the current arrangements under the Dublin III regulations that we have in place with our European neighbours, but which will cease at the end of this month. We are leaving the Dublin III regulations, so this change allows the Government to deem a claim inadmissible without any co-operation or agreement in place to facilitate returning the person concerned to a third country. This is an unworkable half-plan, being introduced by the back door as changes to the immigration rules, with no opportunity for proper parliamentary scrutiny.

On Monday, the Minister outlined that it is this Government’s intention to open discussions with those countries as soon as we are able to do so. Can he confirm that those talks are yet to start and that there will be no such arrangements in place by 1 January, when these changes come into effect? Will he clarify what a person’s rights will therefore be in the period between their claim being found inadmissible and a returns agreement being reached?

The changes also suggest that an asylum claim can be reinstated after a reasonable period of time, if another safe country is unable to admit that person. How long is “a reasonable period”? Further still, as the Minister has confirmed, these changes will allow someone to be removed to any safe third country, including countries that the person has never been to and has no connection with. How does he envisage that that could possibly work in practice?

The changes before us come into effect in less than a month’s time. The Minister must realise the widespread concern about leaving some incredibly vulnerable people in limbo, at risk of homelessness and destitution.

[Chris Philp]

Let me reassure the shadow Minister on one or two points. She concluded her questions by asking about the risk of destitution. To be clear, if somebody who is in the inadmissible cohort is unable to make provision for their own accommodation or upkeep, they will be eligible for accommodation in the normal way, just as people currently in the Dublin third country cohort, awaiting return to a European country, are accommodated and supported. There will be no risk of destitution, which would of course infringe their article 3 rights were it ever to happen.

The hon. Lady asks about the status of people who may fall into that cohort. Clearly, the intention is that a period of time will pass when we seek the agreement of a third country to return them. That will happen within a reasonable time—we will set that out in guidance, but it will be a matter of a few months; it will not be a long time. If, after that reasonable time, no agreement is forthcoming, their asylum claim will be substantively considered here. There will not be any extended period of limbo, which I do not think would be in anybody’s interests.

The hon. Lady refers to the fact that these arrangements are in some regards similar in concept to Dublin. I hope the House will take from that that they are reasonable in spirit, because no one has objected to the principles that underpin the Dublin regulations—indeed, many people have pointed to them as exemplars.

Finally, the message all of us in this House should be sending out, the Opposition Front Bench included, is that if somebody is in continental Europe and they feel they have a protection claim that needs to be heard, they should not attempt a dangerous crossing of the English channel. They should not pay money to ruthless people smugglers. They should use the very well-functioning asylum systems in our very civilised European neighbours. Let that message go out from this House today; it will save life.