Asylum Reforms: Protected Characteristics

Kirsty Blackman Excerpts

Wednesday 17th December 2025 Westminster Hall

[Kirsty Blackman (Aberdeen North) (SNP)]

I beg to move,

That this House has considered the potential impact of proposed asylum reforms on people with protected characteristics seeking asylum.

There have been a lot of announcements in relation to immigration policy in the year and a half since this Government came into office. There has been a startling lack of equality impact assessments alongside those announcements, and I want to draw the House’s attention to the disproportionate and negative impact on people with protected characteristics of some—in fact, most—of the announcements the UK Government have made since July 2024. I am going to focus on certain groups of people with protected characteristics: women, queer folk and disabled people, and I will also touch on very young and very elderly people.

Some of the changes to asylum policy announced by the Home Office, particularly in the “Restoring Order and Control: A statement on the government’s asylum and returns policy” in November 2025, have failed to take account of the fact that the negative impacts are not felt uniformly across the board. They have failed to take account of the fact that many people in groups with protected characteristics already face a level of discrimination and increased barriers simply as a result of being a member of a group with protected characteristics.

Before I come to the substance of my speech, I want to thank a number of organisations that have provided a significant amount of information and done a huge amount of research. Those are Women for Refugee Women, Rainbow Migration, the Helen Bamber Foundation, whose briefing was truly excellent and really heartbreaking, and the Scottish Refugee Council.

As I say, many of the changes made will have a significant negative impact, such as the change to the length of time that people have to stay and the requirement to contribute in order for people to be granted leave to remain. The requirement to contribute is not well defined and has a disadvantaging impact on those who are not able to work or study in the normal sense. For example, a disabled person might struggle to access full-time employment, and therefore the UK Government might consider that they have not contributed in the same way as other people, so they might be more likely to be refused leave to remain.

The same issue applies to women, particularly those with caring responsibilities. For a woman who has come here from Afghanistan, for example, who could not learn when they were in Afghanistan because they were banned from education—certainly further or higher education—or because of the circumstances they were living in, with an abusive family or a requirement for women to stay in the home and not do any learning, it is even more difficult to get into work or study, because they simply do not have the skills due to those gaps in their education.

[Edward Morello (West Dorset) (LD)]

I thank the hon. Lady for securing this important debate. I agree with the point she is making. She mentions Afghanistan. One constituent of mine arrived here under the Afghan relocations and assistance policy, having served with British armed forces in Afghanistan. We have worked incredibly hard to bring her sisters over—thankfully, successfully—both of whom were under threat of being forced into marriage with members of the Taliban, but her brother, who is in hiding in Pakistan, is currently not able to join them. Does she agree that when it comes to people who have supported British troops, worked with us and helped us in Afghanistan, we have a duty and a responsibility to bring them here and take care of them?

[Kirsty Blackman]

I absolutely agree, and there was a very similar case in my constituency. There was a woman here with her young child, and it had been agreed that her husband was eligible for reunification with his family here under the ARAP scheme, but he was in hiding in Pakistan. No matter how much we pressed the Home Office, the woman and her young child were left here without their husband and dad. He was unable to come over, because the Home Office refused to take action. Part of the issue is the lack of humanity and consideration for individual circumstances created by the Home Office machine. Blanket policies discriminate against people in protected groups, not taking into account that there are nuances, differences and family circumstances that need to be in place.

Going back to the requirement to contribute, that will cause particular issues for those who cannot, or find it difficult to, contribute in the classical sense. The UK Government said there would be special consideration of vulnerable groups, but have not laid out what those will be and what the consideration looks like. Not making clear who those vulnerable groups are and how those considerations will work risks significantly disadvantaging people.

It is worth noting that, eight years on from receiving asylum and the right to work, the average income of refugees in Scotland is only £13,000, which is significantly lower than the median income. That is partly because refugees, by their nature, have suffered trauma, post-traumatic stress disorder and are unable to work full time in many cases, through no fault of their own. Due to that level of discrimination, and partly because they may not have long-term settled status, employers may be less keen to take them on. People who are trying to work, or have even been working full time for eight years, are earning significantly less than average. If we try to measure contribution, compared with people who were born here and have had a settled life—white men, for example—it will be difficult for any refugee from a protected characteristic group to meet that bar.

Other issues include regular reapplications and a reduction in appeals. There will be a 30-month period to reapply for status. We know that 50% of appeals from women win. A reduction in the number of appeals, allowing only one and no subsequent appeal, will entrench the fact that the Home Office makes wrong decisions. If 50% of appeals win, the Home Office has clearly made wrong decisions in half the cases that go to appeal. The people more likely to appeal, whose cases are negatively looked at, have more complicated pasts and issues with disclosing what they have faced.

Regarding trauma and violence against women and girls, the UK Government have suggested that not disclosing trauma early in the process will likely have a negative impact on their case. If people do not disclose their protected characteristics, there will likely be a negative consideration from the Home Office. People born here who have experienced sexual violence can take 20 years to come to terms with the situation and raise it with the authorities. We are expecting refugees, who have been through significant trauma, to disclose that information to a legal aid lawyer they do not know. He could be a man from their community who looks like an authority figure or the person who abused them, or might be part of the religious community that perpetrated the abuse. We will punish them for not being able to disclose the sexual violence they faced, or their sexual orientation to someone they do not know.

We also know that when it comes to legal aid, for example, the increase in the number of appeals will significantly gum up the system, and the system is already significantly gummed up. The UK Government inherited a system that was a mess in terms of the length of time that asylum decisions took. Adding in a significant number of extra reassessments at 30-month periods is simply unworkable. We are already waiting years for people to get decisions—even children who are supposed to have special consideration and who are supposed to receive decisions more quickly.

We got an email from a constituent this week whose children have still not received a decision. We have had a number of emails from constituents about asylum decisions, but the one that struck me came in yesterday. We had spoken to the Home Office about it and the email said, “Could you please tell us what is happening with this case?” And the Home Office said, “No. If you have not heard anything by December, get back to us.” The person still has not had a decision, despite the fact that children are supposed to be considered more quickly. If the UK Government cannot meet their obligations now, how will they meet their obligations within a 30-month period? What will they do about legal aid to ensure that legal aid lawyers are willing to take on the more complicated cases, the cases of sexual or domestic violence, or where the individual presenting is LGBTQI? At the moment, legal aid lawyers often look at those cases and say, “No, it is too complicated. The legal aid money does not cover it. Why would I bother doing that when I can do an easier case?” There is a significant problem. If the Government are going to make sweeping changes, especially the significant number of reassessments, they need to fix the legal aid system, or people with protected characteristics will be negatively impacted even more than the people without protected characteristics.

Going back to the family reunification changes that are being suggested, Home Office figures tell us that 92% of the people who receive grants under family reunification are women and girls—92%. On the massive reduction in the number of family reunification applications that are accepted or in family reunification routes, 92% are women and girls. I do not understand how the Government can suggest there is not a disproportionate impact on people with protected characteristics when just this one specific measure has a massive impact on women and girls specifically. I understand why the Government have not produced an equality impact assessment. They do not want to see what is in such an assessment, but they should produce one. They have a public sector equality duty to do so. The Home Office is still bound by the public sector equality duty. It does not not apply to the Home Office. It applies to the public sector and it has not published one.

On the length of time and the possibility of people being required to wait 20 years to receive leave to remain, we know that the lack of stability adds a significant negative impact on people. We know that that lack of stability is multilayered in the impacts that it has. I have already touched on the issues with employment. Employers are less likely to take people on if they do not have permanent leave to remain. Employers do not necessarily understand the immigration system. Good employers can be terrified of falling foul of the Home Office. If they can see that somebody was born in another country and does not have citizenship yet, they decide not to employ them. That means people are stuck in limbo for a significantly longer time because of the Government’ s decision—much longer than in some other countries, by the way.

Not enabling people to work at 12 months makes us an outlier in Europe. In some EU countries, people can work from day one. In many countries they can work from two months. That gives an increased level of stability than if requiring people to be out of work for 12 months, and then only able to access jobs on the occupation shortage list or immigration list. Some of those jobs are not as acceptable or not as possible for people who have protected characteristics. A disabled person may not be able to access some of those roles. If we are more flexible in the roles that people can access, we are more likely to have people able to contribute, because they will be more able to do jobs that work for them.

That lack of stability also means, potentially, that people will have no recourse to public funds for a significant length of time. No recourse to public funds is horrific and should be cancelled, particularly for those people with dependants. I never again want to see a family come in to my office whose children are malnourished because the UK Government have said that they have no recourse to public funds, or who are being threatened with homelessness because they are unable to claim anything. I had a family come in whose four children had not eaten fruit for days. How is it acceptable that the UK Government can decide that people have no recourse to public funds, and then keep them in limbo for such a long period?

Women for Refugee Women looked at the number of destitute women and spoke to them about what destitution meant for them in the asylum system. Of the women in the asylum system who had no recourse to public funds, 38% had stayed in an abusive relationship because of their inability to access public funds and the fear that they would be homeless or destitute as a result of leaving that relationship. A further 38% of those women who stayed in abusive relationships were raped as a result. The UK Government’s policies are forcing women into destitution and unsafe situations and relationships. Among women in that group who were destitute as a result of the UK Government’s policies, 8% were forced into sex work to get enough money to feed themselves or their children, or to clothe their children. How is this a humane situation when it is negatively impacting women more than men and where those protected characteristics are not being protected?

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for securing this debate. There have been incidents in the last year, which I am sure the hon. Lady is aware of, where women have been trafficked into the United Kingdom. They have been brought in illegally and when they are sometimes able to escape from their captors or kidnappers—their pimps or whatever they call them—they then find themselves in an unbelievable circumstance where they are here illegally. However, that is not by their own choice but through the coercion of others. Does the hon. Lady feel that there must be some methodology to help those people who are victims and find themselves in unbelievable circumstances?

[Kirsty Blackman]

There should be some methodology, but the Government are going the wrong way on this. They are looking to tighten up the modern slavery and trafficking regulations and make it more difficult for women to claim that they have been trafficked—even when they have. We know that there are women that have been held in Yarl’s Wood or detention centres after being trafficked because they do not have the correct paperwork. Of course they do not have the correct paperwork; they have been trafficked, used in sex work and forced into these horrific situations, and the Government are putting them in a detention centre and then saying that they will not get a visa because they did not have the right documentation.

We have a responsibility to protect people. It says in “Restoring Order and Control” that there are some rules in relation to the European convention on human rights and the Refugee convention around which there are not discretionary powers. For some—for example, in relation to family life—the public interest can be balanced against that requirement. However, when it comes to trafficking, the Government do not have that discretion. If they refuse to believe trafficked people, and it is later agreed that those people have been trafficked, the UK Government are putting them through more trauma. They are putting people who have experienced worse things than most of us could ever imagine through more trauma because they refuse to believe them. Then, because they may disclose this late, as they do not want to talk about the sex work that they have been forced into and the rapes they have suffered—because it is very difficult to talk about those things—the UK Government say to them, “Well, you didn’t disclose this in time, so you can’t be a true asylum seeker. You can’t be a true refugee because you didn’t come forward and talk about the most horrific moments in your life to a man that you don’t know.” That is in relation to legal aid support.

There are major issues with the continuing lack of stability. The changes away from hotel accommodation to some of the accommodation at barracks can mean that people are more isolated and less able to access support. In Aberdeen, we have little in the way of lawyers who can cover asylum cases—and immigration lawyers in general, actually—and people are having to travel significant lengths in order to get that, on their £7 or £9 a week. Someone cannot get from Aberdeen to Glasgow on seven quid a week—it cannot be done for less than about 30 quid, unless it is on a Megabus, and even that can be quite dear.

Accommodation does not take into account the fact that provision is not there. If people are going to be put in Cameron barracks in Inverness, for example, it is even more difficult for them to get to Glasgow or Edinburgh in order to speak to the right lawyer who will be able to help and be willing to take on their immigration case. Creating that extra level of isolation for people who are already struggling—putting people in an isolated community in the Cameron barracks, rather than in a community setting where they can integrate—means that people who are isolated will become even more so, and people who are at risk will become even more at risk.

We know that even in hotels, people suffer as a result of their protected characteristics, and who are at risk of harm as a result of unsafe situations. That is multiplied when people are moved out of hotels into places such as barracks.

I have a few more things to cover. In relation to the assessment of safe countries for removal, the blanket designation of a country as safe is inherently incredibly risky. It may be safe for some people to be in Syria right now, but it is not safe for everyone. It is not safe for a Syrian woman who came here as a result of gender-based violence to go back to her family in Syria—or to go back to Syria at all—because of the likelihood that her family would take action against her. It is not safe for a gay person who fled because they were correctively raped to go back to Syria.

The decision about blanket designations is really difficult, considering the Government are saying that they are looking at vulnerable groups and talking about individuals. Creating a blanket safe designation that can be changed at any point in that 20-year period means they can suddenly say to someone, “You are going to have to go back to this country where you were correctively raped, because the UK Government have now decided—with very little in the way of parliamentary scrutiny—that this country is safe.” The problem is that we have not got that information. The Minister may feel that there will be special categories in place, but we have not been told that. We have not been given the impact assessment for how that will look. We have not been told what those provisions will be. Somebody who is living here, who is terrified about being sent back, has no comfort right now, because they do not know whether their case will be considered separately or whether their country will just be deemed safe and they will be sent back.

[Carla Lockhart (Upper Bann) (DUP)]

The hon. Member speaks very passionately about this issue. Does she agree that the same can be said of those who have been engaged in rape and criminal activity in Northern Ireland and the UK as a whole, but that they should be sent back? It is a real bugbear for people that there seems to be some protection for people who engage in those types of activity, so that they are not sent back to where they came from.

[Kirsty Blackman]

The UK Government have said that they are looking at increasing the number of countries they have returns agreements with, so that people who have committed crimes can be sent back.

Let me talk once more about the LGBT issue. If a trans or gay refugee is here, and it is illegal for them to be trans in their country—they are likely to be beaten up or correctively raped as a result of being, for instance, a lesbian in their country—the UK Government expect them to live openly here, in the sexuality that they are, but with the threat of their country becoming a safe country and their being sent back. People will now know that they are gay, because they have had to live openly here, and that threat of return will now continue for a significantly longer period of time. Gay and trans people are now in a horrific Catch-22: they are forced to live openly here to have their refugee status agreed, but if their country is designated as a safe country, they may be sent back.

Pakistan is apparently safe for trans people because, according to the UK Government, people face only discrimination, not persecution, for being trans in Pakistan, despite the fact that somebody can come here as a trans refugee having been persecuted in Pakistan. The UK Government say, “It is okay, because it’s a discrimination thing, not persecution thing; don’t worry—you’ll be fine.” The Government expect them to live as an out trans person here—knowing that their cousin might see them on Facebook, or that somebody might hear about them living their real life and being themselves here—but, as a result of the UK Government’s policies, they will be forced to go back to somewhere where they are at an even higher risk of persecution.

On the Equality Act 2010, the public sector equality duty says that public sector organisations must have due regard to protected characteristics and try to ensure that people are not discriminated against because of those characteristics, despite the fact that the Government’s policies will more negatively impact people with protected characteristics. I have asked questions about the special consideration of vulnerable groups, because we need significantly more information about that. I do not expect the Minister to provide all that today, but I would like a commitment that that information will be forthcoming; otherwise, people will be terrified because they will have, hanging over them, the possibility that the Government will not take into account whether someone is trans or has suffered from gender-based violence in other places.

On the length of time before disclosure, I just do not believe that we can set a time limit when it comes to violence against women and girls or gender-based violence. We cannot tell people that they have to disclose things within a certain period of time or they will not be granted refugee status. That is not something we can force on victims. Changes need to be made in that regard.

There has been no impact assessment. I asked written parliamentary questions about equalities impact assessments, and we were told that they would come in due course. When? When will we get the equality impact assessments? I would love the Home Office to act in a trauma-informed way, but it seems that we are not going to do so. For some reason, the public interest—which is, apparently, in deporting as many people as possible—cannot be balanced with the need to look after people who, through no fault of their own, have gone through unimaginable horrors. That will have a detrimental impact on all those who are seeking asylum.

On the legal aid crisis, I would love reassurance from the Minister that the Government are going to make changes to legal aid. I do not understand how they are possibly going to manage a 30-month time period when they cannot manage the current time period.

I finish with a statement from Layla, who spoke to Women for Refugee Women about why she came to the UK and what her experiences were here. The UK Government talk about removing the pull factors, but the pull factors are not the economy or the fact that people can get jobs. Layla puts it better than I ever could. She said:

“I didn’t see the UK as a cruel type of country. The idea is that the UK is a Great Britain: we will save you, especially women’s rights, human rights. We initiate all the law, international law, you name it. The UK is a very outstanding country. But when I came here, I feel like it’s a fake, because why do you need to show that you are so good in the eyes of the world, but you are treating asylum seekers like this? It’s hypocrisy.”

[Several hon. Members]

rose—

--- Later in debate ---

[Kirsty Blackman]

Thank you for chairing this debate, Dr Huq. I thank all Members for contributing.

I did not say that nobody should have to contribute—I will thank the Minister not to put words in my mouth in that regard. I do believe, however, that worthiness as a human being should not be determined by the ability to contribute economically. We are talking about humans who have been broken, those who have been persecuted and, specifically in this debate, those who have protected characteristics and have been through absolutely unimaginable horrors.

I appreciate the Minister giving some level of clarity that there will be special considerations. We will be looking very closely at what comes forward in the equality impact assessment and on the special considerations. I believe that the Minister did not quite answer the question about improvements in legal aid; if he could write to us about what will happen on that, it would be appreciated.

I thank all Members for their contributions today, and those who are standing up for people who have suffered unimaginable horrors.

Question put and agreed to.

Resolved,

That this House has considered the potential impact of proposed asylum reforms on people with protected characteristics seeking asylum.