Immigration and Asylum Bill (First sitting)

Debate between Siân Berry and Leigh Ingham

Tuesday 15th September 2026 Public Bill Committees

[Leigh Ingham (Stafford) (Lab)]

Q Thank you for your answers so far. We heard some interesting evidence before you came in, and I am particularly interested in your perception of the increase in the application of article 8 to some immigration claims. The European Court of Human Rights has told me that even the Court has been surprised at some of the cases in the UK to which it has been applied. Do you have a position on that? Similarly, it was said earlier in evidence that there could be a counter-effect: that the reduced number of article 8 claims could lead to an increase in article 3 claims. Do you have a position on that as well?

Jon Featonby: From the Refugee Council perspective, it is not something that we have focused on. It is not part and parcel of our day-to-day work, as it were. We certainly have not done the research into this that people on the previous panels have done. From our point of view, what is important is that those people arriving in the UK seeking protection are able to seek that protection and have their cases heard fairly and in a timely way, so that the people who need protection, as I said previously, are able to get it and people who do not qualify can be returned and removed from the UK safely and humanely. It is not part of our work to have the evidence on how particular articles of the European convention have been applied.

[Siân Berry]

Q Going back to the impact of the repayments, I think you said that people can make claims for asylum support only if they are destitute, but that someone could be in this country and claiming asylum without claiming asylum support—it is not for everybody, and you do not have to claim it. That means there will be more people in the country declining to claim asylum support because of the repayments, and preferring to potentially live in destitution or be exploited. Can you talk about the risk of that? In your written evidence, you also talk about the risks of the Government’s other changes on people’s ability to settle and get jobs. How would that interact with the ability to pay back these payments?

Jon Featonby: The point about asylum support is really important. One of the gaps in some of the background material to the Bill is that the Home Office does not release information about how many people in the asylum system are in receipt of support. Historically, the conventional wisdom has been that it is probably about 50% of people. That reduces and goes up over time, so it quite hard to know exactly how many people are going to be impacted by the asylum support measure. It is absolutely our concern that people who really need support will not want to access it, and that that number will go down. The other thing I did not mention before is that most people in that situation are not allowed to work, so their choice is pretty much between Home Office support, with accommodation provided on a no-choice basis, or destitution. We also have concerns about the knock-on impacts on people’s integration.

The other bit of the Bill that we are particularly concerned about is core protection—that is about not only what is in the Bill, but the wider introduction of the core protection model, some of which started back in March this year. We have already had around 2,000 people who applied for asylum from the beginning of March and were found to need protection being granted a shorter period of leave, 30 months, rather than getting five years’ leave and being on a five-year route to settlement; we understand that they will be on a 20-year route to settlement. I think there is strong evidence that that increased insecurity, and people’s feeling that they have no degree of permanence in the UK, undermines their ability to seek employment and secure housing, and has a number of knock-on impacts on people’s lives.

The other impact of those two measures is that they are going to require an awful lot of Home Office bureaucracy to run. The Home Office currently does not run anything like the asylum support charge, but it will have to have a way of knowing how much money has been paid in by everybody who receives support and what sum still needs to be paid, as well as having a mechanism for dealing with those sums. Similarly, with core protection, if people have to have reviews of their status every two and a half years—potentially they would be in the country for two years—that is an awful lot more Home Office caseworking. The Government have not published an impact assessment published around that. We have done our own assessment and we have worked out that, roughly, it could mean just over 1 million extra reviews over the first decade of the policy being fully in practice.

Alongside the core protection model, there will also be a new in-country work and study route. In fairness to officials, that is really complex to design, but it will also be really complex to run. We think an awful lot more time and effort could be spent on making sure the asylum system is doing some of the basics right. First and foremost, that means making sure that decisions are made as quickly as they can be and are right the first time, and making sure that those people who are in need of protection and are given refugee status are supported to fulfil their potential in the UK—