Statement of Changes in Immigration Rules

Lord Sharpe of Epsom Excerpts

Wednesday 19th October 2022 Lords Chamber

These are significant concerns that we keep coming back to the House with. Policy is being made without evidence that it will work. There is administrative chaos which will prevent any system from working effectively, and the very real problems for many people seeking asylum in our country are being left unanswered. It is not good enough, and the Government need to get a grip.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank noble Lords for all the contributions that have been made during this debate, which, as has been observed, was very wide-ranging. There are obviously significant differences of opinion on the subject, so whatever I say I will upset half your Lordships. I thank the noble Lord, Lord Coaker, for the spirit of his remarks; I completely understand where he is coming from, and they are noted.

I will start by talking through the changes to the Immigration Rules. I will try to deal with all the questions that have been asked of me but, in the time available, I suspect I will struggle. I expect a bout of letter-writing at the end, which I commit to do in full, having studied Hansard.

The changes to the Immigration Rules that have been the subject of this debate were made in line with the relevant provisions within the Nationality and Borders Act 2022, as has been observed, which came into force on 28 June. I remind noble Lords that we debated similar topics extensively throughout the passage of the Nationality and Borders Bill. The guidance was also published on 28 June, in line with the relevant provisions in the Act. I assure and remind the noble Lord, Lord Hylton, that our policies do not contravene our international obligations, a subject that I will come back to. Everything that we do complies with the refugee convention. I will try to deal with the more specific questions at the end.

Your Lordships will excuse me if I do not get into a philosophical discussion about ID cards. However, as an aside, I note that we all carry around a smartphone which probably has far more detail than any ID card ever would, so perhaps it is time to reopen that debate.

I take on board the very sensible comments of the noble Lord, Lord Dubs, about the Law Commission. This is a complex subject and we are extremely grateful to the Law Commission for its detailed and constructive work. We have already established a simplification of the rules review committee to look at the drafting and structure of the rules, as part of the multiyear programme of change which is being led by the Home Office. I hope to have some good news for the noble Lord in due course.

Pretty much everybody raised the subject of an impact assessment. In essence, the question is whether there will be an impact assessment for group 2 refugees and, if so, when will it be published. As with all our policy changes under the New Plan for Immigration, differentiation will be subject to ongoing monitoring and evaluation, with the operation of our policies being kept under close review. The Home Office routinely publishes migration statistics, which form the basis of our analysis. My predecessor committed to publishing this in due course, and I am also happy to undertake that, but I cannot go further than that at this precise moment.

If your Lordships will allow me, I will take this opportunity to explain the purpose and function of the Nationality and Borders Act. Its core objectives are to increase the fairness and efficacy of our asylum system, to deter illegal entry to the UK and to remove those with no right to be here more easily and quickly. Differentiation is designed to discourage individuals from embarking on unnecessarily dangerous journeys to the UK and to arrive by the various safe and legal routes that are available. I will come back to “safe and legal”. It is self-evident that those in need of protection should claim in the first safe country that they reach; that is the fastest route to safety. It is not right that the control of national borders should be suspended to allow people who have already reached safety in countries with fully functioning asylum systems to travel further to another country as a matter of preference. This undermines the broader immigration system and, as has been noted across the House, encourages people to fund criminal gangs and risk their lives trying to get into the UK in unseaworthy vessels or packed dangerously into cars or lorries. We have all seen the tragic results and there are some very uncomfortable statistics about how that sometimes ends.

I will briefly touch on the subject raised by the noble Baroness, Lady Falkner. We will come back to golden visas on another Bill so, if she does not mind, I will pass on that for the moment.

As I have said, people are losing their lives by making extremely dangerous crossings over the channel. As a responsible Government, we have to do everything in our power to stop these criminal smugglers. I think that is a general point of agreement.

I will briefly clarify how differentiation functions. Section 12 of the Nationality and Borders Act introduced two groups of refugees. Individuals who came directly to the UK, claimed asylum without delay and, where appropriate, can show good cause for any illegal entry or presence will be recognised as group 1 refugees. If an individual does not meet all these requirements, they will be deemed a group 2 refugee. Both groups will have full access to the labour market and healthcare. The Act means that we may differentiate between refugees based on their group in a number of ways, including the length of permission to stay granted, the route to settlement, recourse to public funds and family reunion rights. That probably does not go into enough detail for the noble Lord, Lord Coaker, and his more detailed question about that subject so, if he will permit me, I will write rather than waste all the time of the speech.

This is what the policy and legislative changes established, with the intention to influence the decision-making of migrants, stopping them turning to criminal smugglers and thus undercutting that business model.

The noble Lord, Lord Dubs, asked about the United Nations High Commissioner for Refugees. There is no specific provision within the refugee convention that defines a certain term or sets out a specific procedure. Where there is no supranational body akin to the European Court of Human Rights, for example, it is open to states to interpret the terms of the refugee convention. Limit is placed on that autonomy to interpret by way of the principles of treaty interpretation in the Vienna Convention on the Law of Treaties. The general rule of interpretation in Article 31(1) of that convention requires a treaty to

“be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.”

On that basis, we have considered relevant factors, such as the law in other jurisdictions, case law and the words of academics. We believe that all provisions reflect a good-faith, compatible interpretation of the refugee convention. I appreciate that opinions on that may differ, but the purpose is to discourage asylum seekers from travelling to the UK other than via safe and legal routes. It aims to encourage individuals to seek asylum in the first safe country they reach after fleeing persecution, avoiding dangerous journeys across Europe. The policy is compliant with our international obligations under the refugee convention and the European Convention on Human Rights.

The noble Lord, Lord Dubs, asked me about returns to various countries. On a case-by-case basis, we have returned asylum seekers to Denmark, Ireland, Italy, Slovenia, Spain and Sweden. I do not believe there are overarching agreements, but it does happen on a case-by-case basis.

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[Lord Coaker (Lab)]

That is exactly the point. I do not know whether that means that somebody coming from Iran would be eligible. That is the point the noble Lord, Lord Horam, made, which I was agreeing with. So it is either yes or no, and I just do not know from that answer.

[Lord Sharpe of Epsom (Con)]

My reading of it is that it does, but I accept that my reading may not be entirely accurate. I will also say that, obviously, women in Iran should seek safety in the nearest available safe place, and that is the point of what we are talking about to a large extent.

All this is to underline that we remain committed to helping the world’s most vulnerable and oppressed people. This country has a long-standing tradition of extending the hand of friendship to those fleeing conflict, tyranny and persecution, and that record will continue.

The noble Lord, Lord Hylton, asked me a number of very specific questions which I will do my very best to answer in full. He talked about legal aid for refugee family reunion and whether that may or may not be available under the exceptional case funding scheme. It is where failure to provide legal aid would mean there is a breach, or a risk of a breach, of the individual’s human rights and it is subject to means and merits tests. In 2019, we amended the scope of legal aid so that separated migrant children are able to receive civil legal aid for applications by their family members and extended family members. This includes entry clearance and leave to enter or leave to remain in the UK made under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances.

The noble Lord, Lord Hylton, asked why the safe route for people from El Salvador has closed. Since 11 May 2022, Salvadorean nationals have been required to obtain a visa prior to entering the UK as a visitor. The decision to impose a visa regime was taken solely for migration and border security reasons. Over the preceding five years there had been a sustained and significant increase in the number of UK asylum applications from Salvadorean nationals at the UK border: up 1,750% since 2017. While this change requires Salvadorean nationals to obtain a visa entry clearance in advance of travel, it does not close the safe and legal routes available to Salvadorean nationals to enter the UK.

The noble Lord also asked whether, under the two existing Ukraine schemes, there is any progress in getting professional and technical qualifications recognised in the country. The Department for Levelling Up, Housing and Communities is working with the Department for Business, Energy and Industrial Strategy, other government departments and the UK Centre for Professional Qualifications to clarify and promote the process for converting professional qualifications into comparable UK equivalents. That will help Ukrainians to keep up employment in their chosen professions or industries and make the most of their opportunities to use their skills and knowledge while they are living in the UK.

The noble Lord, Lord Coaker, asked about asylum wait times. As he noted, the asylum system has been under mounting pressure for several years. Increased and sustained intake, and a growing number of people awaiting a decision, have led to significant delays. We are currently concentrating on deciding older claims, high-harm cases, those with extreme vulnerability and those of children. I am afraid I am unable to offer specific timescales at this time, but I commit to notifying the noble Lord as and when I can. I will pursue that particular statistic.

Before I finish, I will talk about the practicalities and practice. They were noted by a number of people, including the noble Lords, Lord Hylton and Lord Horam. To some extent this informs the debate about Iran. Who are we talking about, coming across in small boats? That is essentially the nub of this. In 2022, 87.7% have been male. Between 2019 and 2021, 89.7% were male—it is pretty consistent. The top five countries of origin for small boat arrivals this year, bearing in mind that most of the migrants are men, are Albania, Afghanistan—where there is a safe and legal route—Iran, Iraq and Syria. I am not diminishing those people’s reasons for wanting to be in this country, but I question whether Albania is really the right source for asylum claims. It has been noted that some of them have chosen not to seek asylum, with the deterrent effect of the policy around Rwanda. I also point out that of those men—I did the numbers this morning—approximately three-quarters are between the ages of 18 and 39.

A couple of noble Lords, including the noble Lord, Lord Dubs, pointed out that there has been persistent criticism of France. I am not here to do that. I am here to commend France, because since July 2020 we have made more than 500 arrests, dismantled 21 organised crime groups and prevented more than 23,000 crossings. So I thank our French friends for their efforts in that regard. I hope they continue and perhaps improve. Who knows? There may be room for improvement.

The noble Lord, Lord Coaker, asked me a bit about Rwanda in relation to women from Iran. With the exception of unaccompanied children, any individual who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda. But decisions will be taken on a case-by-case basis and nobody will be reallocated if it is unsafe or inappropriate. Everyone considered will be screened and have access to legal advice. I cannot be more unequivocal than that, but I take the noble Lord’s point and will certainly raise it in discussions. I hope that satisfies him.

This is a very complex subject. It is a global phenomenon, influenced by multiple and complex factors. I am sure noble Lords are aware of the horrifying statistics of displaced persons around the world. I think this country is trying to do its bit but, obviously, we cannot take all of them. That is just not possible, as my noble friend Lord Lilley noted.

I close my remarks by again thanking noble Lords for their contributions throughout this debate. I understand this remains an emotive issue, obviously. The Government are committed to upholding our domestic and international obligations through safe and legal routes while also securing our borders, upholding our immigration laws and preventing unnecessary and dangerous journeys to the UK. We do not concede that the legislative changes and policy intentions behind differentiation are insufficient or problematic, as proclaimed in the regret Motion. We therefore cannot agree with the stated position of the regret Motion advanced by the noble Lord, Lord Hylton.

[Lord Hylton (CB)]

My Lords, I had slightly expected that this might have been a rather dry-as-dust debate on the precise terms of the regulation. To my delight, it has branched out and blossomed. Many very important issues were raised, so I am doubly grateful to all those who have taken part in it. I note that they have come from all sides of the House. I join in the congratulations made earlier today to the Minister on his new role, and thank him in particular for his precise answers to the several questions that I raised with him in preparation for this debate.

The debate has touched on Rwanda, so maybe I could briefly say why sending people there would be a very bad idea. It is a country with a high poverty level and very poor human rights record. For example, refugees who have protested have been fired on and a number killed. There are strong allegations that refugees who have left Uganda to go to other countries have been murdered by Rwandan agents. I note that Israel had an agreement with Rwanda but has had to abandon it. I very much hope that Denmark will not follow this dangerous and unreliable course, and that development aid will not be used as a bribe to persuade the Rwandans to take external people.

That is all I need to say on that. Having done so, and having thanked those who need to be thanked, I beg leave to withdraw my Motion.