Inadmissible Asylum Seekers

Lord Sharpe of Epsom Excerpts

Thursday 9th May 2024 Lords Chamber

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

My Lords, I thank the noble Lord, Lord German, and all noble Lords who have contributed to this debate. As noble Lords are aware, the UK has a long and proud tradition of providing safe haven to those who genuinely need our protection, and we remain committed to providing such protection, in accordance with our international obligations.

The matter of the Government’s proposed approach to addressing the cohort of individuals who have entered the United Kingdom since 7 March 2023 is therefore an important one. It may be helpful if I set out, in general terms, the Government’s approach and recent successes in clearing the asylum legacy backlog, give a brief update on the Government’s aims for deciding the asylum claims which have been made since 7 March and clarify how inadmissibility provisions will be applied. Before I do that, again none of the speakers addressed the simple question of why people have to claim asylum in the first safe country. It seems to be forgotten repeatedly and often that these arrivals in this country have all left a safe third country. It is a long-standing principle that those in need of genuine protection should claim asylum at the earliest opportunity, in the first safe country they reach, and this is the fastest route to safety.

I remind the House of the progress the Home Office made in 2023 in clearing asylum legacy backlog. As noble Lords will recall, the legacy backlog comprised 92,601 asylum claims lodged before 28 June 2022, when provisions within the Nationality and Borders Act came into force. The Prime Minister committed on 13 December 2022 to clear this backlog by the end of 2023. The Prime Minister’s commitment to clear the backlog was delivered at the end of the year and, in total, 112,000 asylum cases were processed in 2023. Increased efficiency and capacity saw the Home Office not just clear the backlog but exceed it by also processing over 25,000 asylum claims lodged on or after 28 June 2022. To achieve the success of 2023, the Government enhanced processing and deployed an additional 1,200 caseworkers, thus meeting the target to double the number of asylum caseworkers and increasing productivity.

As of 14 April 2024, there were 2,545 full-time equivalent decision-makers in post, answering the question of the noble Lord, Lord German. That is nearly double the number of asylum caseworkers in April 2023. In addition, the streamlined asylum process was developed as part of the legacy backlog clearance strategy for adults. It centred around accelerating the processing of manifestly well-founded asylum claims from legacy claimants of certain nationalities, such as those from Afghanistan, Eritrea, Libya, Syria, Yemen and, more recently, Sudan. This involved the use of an asylum questionnaire provided to claimants allowing them to explain why they required protection status in the UK. The United Nations High Commissioner for Refugees welcomed the introduction of the streamlined asylum process, publicly stating

“Removing the requirement for substantive interviews through the use of a questionnaire for asylum seekers from certain countries with very high grant rates should meaningfully reduce the current backlog of cases awaiting adjudication. Simultaneously, the procedure should uphold appropriate safeguards by maintaining individual interviews before any negative decisions are made”.


Since April 2023, children’s claims from high grant rate nationals of Afghanistan, Eritrea, Sudan, Syria and Vietnam have also been considered through the streamlined asylum process. It remains a key priority to consider claims as efficiently as possible, to clear the asylum backlog and to reduce the number of people on asylum support, in turn reducing the burden on taxpayers. By our speeding up decision-making, asylum seekers are given the certainty they need to plan for their future. In 2024, flow claims—those lodged on or after 28 June 2022 and before 7 March 2023, as well as asylum claims from those who arrived before 7 March 2023—are being prioritised now that the legacy claims have been cleared.

The Home Office has continued to build on existing processes and systems in its approach to tackling this latest cohort of claims. For example, the streamlined asylum process was extended to include eligible claimants from 28 June 2022 to 6 March 2023. During July 2023, the streamlined asylum process for children’s claims was also rolled out to claims from the same nationalities lodged from 28 June 2022 until 6 March 2023. We have recently redesigned the statement of evidence form for children, making the process quicker and more streamlined. The process for accompanied and unaccompanied asylum-seeking children enables cases to be progressed more quickly.  The latest provisional data shows that, as of 14 April 2024, there were 7,358 outstanding claims made on or after 28 June 2022 and before 7 March 2023. This demonstrates that we are making good progress on clearing the remaining claims. That means that the Government have made excellent recent progress in clearing both the legacy and, shortly, the flow backlog of asylum claims. The Government remain committed to their objective of deterring illegal migration to the UK and stopping the boats.

The Government are clear that those who fear persecution should claim asylum in the first safe country they reach, and not put their lives at risk by making unnecessary and dangerous journeys to the UK. Illegal migration from safe countries undermines our efforts to help those most in need. Controlled resettlement, via safe and legal routes, is the best way to protect such people and disrupt the organised crime groups that exploit migrants and refugees.

[Lord German (LD)]

I wonder if I could ask about those who come directly to this country and those who pass through other countries? Given that nearly two-thirds of all people who are here irregularly do not come in small boats, what percentage have come directly? For example, those who overstay visas have not come via a third country but have arrived directly. I understand that the Government do not know how to split up that two-thirds, but is there any data on the numbers arriving here directly in that 60-odd percent?

[Lord Sharpe of Epsom (Con)]

I can reassure the noble Lord that I am coming to a more detailed set of number shortly, if he will bear with me. The safe third country inadmissibility policy is a longstanding process, intended to encourage individuals to claim asylum in the first safe country they reach. That is an established part of international asylum procedures, applied across the EU and explicitly provided for in UK law, including in the strengthened provisions introduced in the Nationality and Borders Act 2022.

 With the exception of unaccompanied asylum-seeking children, those who choose to travel from a safe third country such as France, and then claim asylum in the UK may find their claim treated as inadmissible to the asylum process. That means that the UK will not consider the substance of the person’s claim and will seek their removal to a safe country.

In answer to the right reverend Prelate about facilities in France, anyone detained at the border is held for the shortest time possible. We prioritise processing children and vulnerable people as quickly as possible. Individuals in detention are held in safe and decent conditions. There are established procedures in place in every facility to monitor people’s welfare and safeguarding needs. These facilities are subject to inspection by HMG’s Inspector of Prisons, accompanied by their French counterpart, to ensure that they are of the highest standards.

 It is in this context that current removals to Rwanda may apply. Any individual who is otherwise suitable for an inadmissibility decision and who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda, under the Migration and Economic Development Partnership. Individuals will only ever be removed to a third country when that country is safe and removal is appropriate, according to the individual’s particular circumstances.

Once commenced, the provisions in the Illegal Migration Act will further strengthen our approach to inadmissibility.  When a person meets the four conditions under Section 2 of the Act, they will be subject to the duty to remove. Any asylum or human rights claims made against the person’s country of origin will be declared inadmissible. The UK will not consider the substance of the person’s claim and will seek their removal either to their home country—if it is safe to do so—or to a safe third country, such as Rwanda.

As of 14 April 2024, there were 21,313 outstanding claims made between 7 March and 19 July 2023. In addition, there were 51,925 outstanding claims made on or after 20 July 2023. I would caution that this data is provisional. It is taken from live operational databases and has not been cleansed to remove duplicates. The finalised figures as at the end of March 2024 will be published later this month.

 

The right reverend Prelate also asked me about the numbers of missing children. There are 111, they are all male and 98 have reached the age of 18. There are 13 left who are under the age of 18.

These provisions will apply to both adults and children. The duty to remove does not require the Secretary of State to make removal arrangements for unaccompanied children, but there is a power to remove unaccompanied children in limited circumstances, such as family reunion with a parent. However, any asylum or human rights claim made against the child’s country or origin will be declared inadmissible. Taking these measures will send a clear message that children cannot be exploited and cross the channel in small boats for the purpose of starting a new life in the UK.

Once commenced, these inadmissibility provisions will apply to those who are subject to the duty to remove under the Illegal Migration Act, and who entered or arrived illegally on or after 20 July 2023. As all asylum claims are generally worked in date order, the next cohort of asylum claims that are due to be progressed are those made by individuals who arrived in the UK after 7 March 2023. Further information will be published on our plans to decide these cases in the coming weeks. I am afraid there is no more I can say at this point.

[Baroness Hamwee (LD)]

I appreciate that the time allocated for the Minister is passing but, since several noble Lords took far less time than their allocation, I am sure the House will be sympathetic if he continues.

I think he has finished with the numbers, which he said would answer my noble friend Lord German; I am not sure that they have. On the same subject, the only way to come without crossing the channel would be to fly or to be here already, because we are an island. The report on safe routes published some months ago merely reported on what the safe routes are, without proposals for new safe routes. Can the Minister tell the House what proposals the Government have in mind so that their conditions can be fulfilled? I also hope he can answer the question from the noble Lord, Lord Coaker, about the reporting.

[Lord Sharpe of Epsom (Con)]

The noble Baroness will be aware that under the provisions of the Illegal Migration Act, a consultation process took place with local councils and authorities to find out what their local capacities are. I believe that consultation process has concluded, but I do not yet know the outcome. That will presumably inform the debate as to the safe and legal routes that may or may not be made available after we know the numbers.

We are continuously working through cases that could not previously be progressed as they require further investigation. The difficult cases typically relate to asylum seekers presenting as children, where age verification is taking place; those with serious medical issues; or those with suspected past convictions, where checks may reveal criminality that would bar asylum.

To come on to a few of the more specific questions, I can say confidently that detention capacity is sufficient. I cannot comment on other operational aspects around detention, but as of 24 April there were 2,200 people in immigration removal centres, which includes those liable for removal to Rwanda.

In answer to the questions from the noble Baroness, Lady Hamwee, I can say that any evidence presented by an individual will be considered on its own merits. The information needs to be substantial and reliable and support the claim being made.

In answer to the questions from the noble Lord, Lord German, about our ODA spend, that is all reported in line with OECD rules. We do not include support costs for those in detained accommodation, nor for those whose asylum claims have been declared inadmissible.

[Lord German (LD)]

I am sorry to interrupt again, but can the Minister answer the question? His officials told the committee in the other House that there is ongoing discussion about whether the continuous use of ODA is possible. Have those discussions with the Treasury reached a conclusion, and is the Minister able to say that it is certainly possible to spend this money now?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have that information to hand. I will see whether I can find it, and I commit to write to the noble Lord if I can.

I turn to other aspects of the various questions I was asked. The noble Lord, Lord Hussain, asked about individuals who were previously present in a safe third country and entered the UK by a dangerous and unnecessary method. I am afraid that they are liable to relocate to Rwanda. It is an ongoing operational matter, so I am unable to provide a running commentary on individual numbers or cases.

In answer to the comments by the noble Lord, Lord Coaker, about colleagues, I note that he now has a colleague who says:

“Don’t trust Labour on immigration they really want open borders … The Government wants to close legal loopholes … Labour seems intent on creating them”,


and

“Labour … are not serious about stopping small boats, tackling criminality, protecting people from the smuggling gangs or saving lives in the Channel”.

What on earth did the colleague mean by all that? I think the noble Lord knows.

As I hope I have made clear, the Government recognise the crucial importance of having in place a robust operational plan to deal with individuals who have outstanding asylum claims in the UK. We are getting on with the job; we will have a lot more to say on this subject, and I expect to be questioned on numerous future occasions on this very subject. I have little else to add.

[Lord Empey (UUP)]

The Minister did not manage to answer the question from my noble friend Lord Rogan about the situation between the United Kingdom and the Irish Republic. I am sure he would appreciate an answer.

[Lord Sharpe of Epsom (Con)]

With apologies, I did mean to, but for obvious reasons I cannot comment on the internal policies of another country, and I do not think it would be appropriate to do so in this case.