Refugee Family Reunion Routes: Sudan

Robert Jenrick Excerpts

Wednesday 29th November 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing this Adjournment debate. We share his deep concern about the situation in Sudan and all those affected by it, including those seeking refugee status in the United Kingdom or other safe countries. The Government remain committed to upholding the principle of family reunion by providing a safe and legal route to bring families together through the refugee family reunion policy.

The family reunion route allows individuals with protection status in the UK to sponsor their partner or children to stay with or join them here, provided they formed part of a family unit before the sponsor fled their country of origin to seek protection. While we sympathise greatly with the situation in which many individuals in Sudan find themselves, we do not intend to prioritise refugee family reunion applications from those impacted by the Sudanese conflict, as there are many other individuals in the queue who will be facing broadly comparable situations elsewhere in the world. We want to treat all individuals facing such situations in the same manner and ensure that, where appropriate, they can be supported to a life in the UK in accordance with our rules.

[Stuart C. McDonald]

I would not necessarily say that people seeking to come here from Sudan because they are in danger there should be prioritised ahead of others who face similar risks elsewhere—a point that the Minister fairly makes—but does the Home Office make any consideration or assessment of risk at all? There are people who apply for refugee family reunion, quite rightly and fairly, who do not face any imminent risk because they are in a relatively safe third country. Surely the fact that people are facing real danger is an added reason to give priority to their family reunion applications. That should be something that the Department considers.

[Robert Jenrick]

The hon. Gentleman makes a valid point, which I am happy to take up with my officials. Our policy is one of non-discrimination, so individuals are treated equally, regardless of their country of origin. Obviously, there are a number of places in the world with great danger and we do not choose to rank them in order of priority. However, I can see some merit in what he is saying, so I am happy to give that consideration.

It is important to note that the UK has a very strong record of supporting refugees. Since 2015, we have resettled over half a million people seeking safety, which is among the most generous offerings in our country’s history. The UK ranks highly among other developed countries in that regard. We continue to welcome refugees through our existing global resettlement schemes, including the UK resettlement scheme itself, community sponsorship and the mandate resettlement scheme. Since 2015, we have issued 49,000 family reunion visas to family members of those with protection status, with over half of those visas for children. That figure demonstrates our commitment to refugee family reunion.

We have welcomed Sudanese nationals through both our UK resettlement scheme and the community sponsorship scheme in 2022 and 2023. Between 2015 and 2023, 6,500 Sudanese nationals have been granted visas under refugee family reunion. In the year to September 2023, 618 Sudanese nationals were granted visas under refugee family reunion. The UK is making a significant commitment, although of course the need is very great, as the hon. Gentleman says, due to the situation in Sudan.

We will continue to consider our approach to refugee family reunion in the round rather than on a crisis-by-crisis basis. The UK has no plan at the moment to introduce a designated resettlement scheme for Sudanese refugees. As a general rule, it is important that the UK does not treat migration as the first lever that we pull to try to help people in grave situations in the world.

Generally speaking, the greatest impact that the UK can make, whether that is in Sudan or in other crisis situations, is by using our full diplomatic muscle and our development aid to support people in the region, which is, in fact, the place where the majority of refugees find themselves. Indeed, that happens with respect to the Sudanese situation, where hundreds of thousands of individuals are being supported by the United Nations High Commissioner for Refugees and other organisations in the immediate environs of Sudan. The UK is proud to be supporting those efforts to help those individuals.

I wish to turn more specifically to some of the very valid questions that the hon. Gentleman raised. First, he raised the question of those fleeing conflict zones who find it difficult to provide documents for family reunion purposes. We recognise that this is a challenge for those fleeing their homes and their home countries. Although the onus is on the applicant to show that the relationship is genuine, there are no specific requirements to provide certain types of evidence. We recognise that documentary evidence may not always be available, particularly in countries where there is no functioning administrative authority to issue a passport, a marriage certificate, or a birth certificate. Decision makers should take into consideration evidence from a range of sources, including information provided by their UK family sponsor. Each decision is considered on the balance of probabilities to identify whether there is sufficient evidence to prove that the individuals are related as claimed.

It is important to prevent abuse of the refugee family reunion policy and to safeguard applicants by carefully reviewing their applications where fraudulent documents are submitted, or where there is evidence that the sponsor obtained leave by deception.

With more specific regard to the situation in Sudan, the hon. Gentleman is right to say that the visa application centre in Khartoum is closed until further notice. As a result, any passports remaining there are having to be held in secure storage. We are committed to doing everything we can to support people who find themselves affected by that closure and to reopen the centre as soon as it is safe to do so for our staff and their contractors. There are other visa application centres in the wider vicinity of Sudan. I appreciate that the distances are long, and that the journeys can be arduous and, at times, unsafe. We do have visa centres in Cairo and Jeddah, and many people have made use of those in the time since the crisis began.

[Stuart C. McDonald]

Even among the cases that I spoke about, one or two individuals had made it into a neighbouring country—unfortunately one had made it to South Sudan where there is also not a visa application centre—but surely, particularly in the case of children, it is too much to ask them to make a dangerous journey such as that to supply biometric information. There should be some sort of presumption against the need to provide biometric information, or at least a willingness to consider deferring it before the Home Office even looks at the application.

[Robert Jenrick]

In most cases, unfortunately, individuals will have to make a journey to leave Sudan, as it is very unlikely that they will fly directly from Sudan. Most of the cases that I have been made aware of as Immigration Minister are of individuals who have made the journey to Cairo or to Jeddah or other neighbouring countries.

[Stuart C. McDonald]

rose—

[Robert Jenrick]

Before I give way to the hon. Gentleman, I will reply directly on the biometrics point, which is an important question. Fundamentally, we believe that biometrics are extremely important, because we want to protect the UK’s national security and the safety of our citizens here. Although, of course, we all want to see the best in individuals coming here, particularly in young people and children, there are individuals whom we would not want to enter the United Kingdom. As such, biometrics, in the form of facial image and fingerprints, underpin our immigration system. However, we make exceptions for individuals who find themselves in the most difficult situations.

We published guidance in May 2023, which sets out our approach to handling applicants who claim that it is unsafe to travel from Sudan to a visa application centre in another country to enrol their biometrics—he referred to that situation in his speech. The guidance sets out the circumstances under which UK Visas and Immigration will either predetermine an application or defer the requirement to enrol biometric information until the applicant arrives in the UK, when the applicant has demonstrated their circumstances to be exceptional. In most cases, we require biometrics to be taken as part of the application so that we can conduct the checks on a person’s identity and suitability to come to the UK. It is ultimately the responsibility of the applicant to satisfy the decision maker about their identity.

I hope that the hon. Gentleman can take some comfort from the fact that the guidance gives that flexibility. I hear that he feels that it is being applied too onerously and in a way that is insufficiently sensitive to the situation in Sudan. I am happy to take that away, speak to my officials and, if he has further examples, to put those in front of them so that we can make sure that the guidance is being applied fairly.

[Stuart C. McDonald]

I am grateful that the Minister is open to having a discussion about this issue. He is right that, ultimately, all these kids will probably have to leave for a neighbouring country for onward travel. However, it is one thing to ask them to leave in the certainty that they will be allowed into the United Kingdom; it is another to ask them to leave and provide biometric information on the off-chance that they might be allowed in at some future point.

One compromise might be to consider the family reunion application without the biometric information; if it is granted, then tell them to come to a neighbouring country and provide the biometric information there. Will the Minister take that away and think about it?

[Robert Jenrick]

I will be happy to look into that and come back to the hon. Gentleman. We both agree that biometrics are important. We want to ensure that they are compromised only in the most exceptional circumstances so that we can protect national security, but it is important that we show a degree of discretion when people—young people, in particular—find themselves in the hardest of situations. I will be happy to look into the issue and write to him.

The hon. Gentleman also mentioned processing time for family reunion applications, and I want to address that directly. In general, UKVI is operating well and is meeting its service standards in all, or almost all, visa categories, but there are delays with respect to family reunion—a point that he and other Members have raised in the past. We acknowledge the need to dedicate more resource to support the safe and legal routes and are reviewing processes to streamline decision making to make it more efficient for applicants.

We recognise that the family members of those with protection status in the UK are particularly vulnerable. When the out-of-country decision making team receives a request for prioritisation from an applicant or their representative, that will be assessed to determine whether the application should be prioritised. As I said in answer to the hon. Gentleman’s previous comment, we do not prioritise in a blanket way because of nationality, but we do give priority to cases involving particularly vulnerable individuals.

Examples of grounds for prioritisation may include applicants or sponsors who have serious medical conditions or terminal illnesses. The list of grounds for prioritisation is non-exhaustive; managers undertake a holistic consideration of the applicant’s circumstances when considering a request for prioritisation. The hon. Gentleman also asked about the cost of refugee family reunion. It is free—no fee it levied, although he did raise some of the allied costs that go with it. We make sure that the route is free for obvious reasons.

The hon. Gentleman also asked about child sponsors. The family reunion policy is intended to allow those granted protection status in the UK to sponsor, pre-flight, immediate family members to join them here. We must avoid creating an incentive for people, particularly children, to leave their families and risk very dangerous journeys, hoping that relatives will be able to join them later. We do, unfortunately, come across examples of that, including through the small boats route, which is among the most perilous of journeys that a child could make.

There are other provisions in the immigration rules that cater for extended family members and, where a valid application does not meet the criteria within our rules, including child sponsors, we consider whether there are compelling compassionate factors that warrant a granting outside the rules. We believe that were children allowed to sponsor parents, that would create a real risk of an incentive for more children to be encouraged, or even forced, to leave their family and risk very hazardous journeys to the UK. That plays into the hands of criminal gangs that exploit vulnerable people, and goes against all our safeguarding responsibilities and instincts. Our policy is not designed to keep child refugees apart from their parents, but in considering any policy we have to think carefully about the wider impact to avoid putting more people unnecessarily into harm’s way.

Finally, I will answer the broader question about refugee resettlement. We have a proud record as a country, having offered half a million people a safe and legal route into the UK. We understand that the scale of disruption and situations around the world mean that so many people find themselves in grave need. Our approach has to be considered very carefully, but we want to continue to work with international organisations, such as the ones that the hon. Member referenced. We have a good relationship with the United Nations High Commissioner for Refugees through our global resettlement scheme, and earlier in the year, through the Illegal Migration Act 2023, we legislated so that we can introduce further schemes in the future.

I recently launched a consultation in which we asked every local authority in the whole of the United Kingdom to give us their capacity to take refugees on such schemes over the course of the year to come. That consultation is open and I encourage the hon. Member to talk to his local authority and see whether it is taking part in it. We will carefully consider the responses, and if they suggest that there is further capacity across the UK, that will lead us either to extend existing schemes or to create new ones so that the UK can play an even greater and more generous role in the years ahead in helping more people from places such as Sudan to come to the UK.

I thank the hon. Member for securing the debate, and all our colleagues tonight who have listened or contributed. I fully understand the interest in the subject, given the great concern that everyone feels about the situation in Sudan. I hope that I have set out our record and the work that we are doing, and given him some assurances that he and I can work closely together to learn from his experiences, and his evident sincere concern about the issue, to ensure that the scheme is operating as well as it can.

Question put and agreed to.