Refugee Family Reunion (Immigration Rules)

Debate between Stella Creasy and Diane Abbott

Tuesday 29th November 2016 Westminster Hall

[Ms Abbott]

The right hon. Gentleman makes an important point. If we regard these people as people, then gaining refugee status is only the beginning, as has been said. What they need around them, if at all possible, is their family. That is what the unfair and inappropriate state of family reunion rules militates against.

I remind the House of the final act of the United Nations conference of plenipotentiaries on the status of refugees and stateless persons, which provided that signatories—we are one—take

“the necessary measures for the protection of the refugee’s family”,

with particular reference to

“Ensuring that the unity of the refugee’s family is maintained”

and

“The protection of refugees who are minors”.

I think the summation of this debate so far is that we are not taking the necessary measures for the protection of the refugee’s family.

Article 3 of the 1989 UN convention on the rights of the child states that the interests of the child must always be the primary consideration in all actions relating to them. The Home Office guidance from 2009, “Every Child Matters”, says that there is a statutory duty to promote the welfare of children, which must also apply to children overseas. I have dealt with so many cases down the years in which it was quite clear that the welfare of the children overseas was the last thing on the Home Office’s mind. As we have heard, many campaigners, non-governmental organisations and immigration lawyers argue that the current UK legislation and practice may meet the letter of the UN convention but not the spirit. As I think most of us know, there is scope to allow an application outside of the immigration rules, but in my experience that is an extremely rare occurrence.

The then Immigration Minister, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), argued in the House in 2015 both that the UK rules were more fairly drawn than other countries and—this is the essence of the problem in fairly treating refugees—that to widen them would act as a pull factor for more refugees. That is what is behind the Home Office’s thinking. The Dublin III regulations are designed to allow greater access for child refugees, but they are widely regarded as bureaucratic and unwieldy, and the same verdict is widely shared of the application form itself. The Dubs amendment, to which my hon. Friend the Member for Walthamstow (Stella Creasy) referred, was designed to provide access in the interests of the child. However, it now seems very unlikely to meet its designated target of 3,000 child refugees from the encampment in Calais. We have let those children down, and we have let those Members of the Lords and the Commons who supported the Dubs amendment down.

As the Minister will no doubt tell us, there is a series of long-established refugee resettlement schemes, such as the mandate and gateway schemes, and the Syrian vulnerable persons scheme. The Government have also recently announced a vulnerable child resettlement scheme—I dare say we will hear about too. However, the effect of those various ad hoc schemes is to add to the complexity and bureaucracy, as any of us who have dealt with refugees will know, and to exacerbate inconsistencies—Syrian children, but not Yemeni or Afghan children.

I am quite clear that the reason why the existing regime for refugee family reunion seems unfair and incoherent and not in the spirit of the UN conventions that we have signed has to do with the toxic debate on immigration that we are having. In the post-Brexit era, and in the era of Trump, I cannot let the issue of the general debate on migration go past.

[Stella Creasy]

Does my hon. Friend agree that this is not a debate that makes sense in Britain? Actually, we have had a proud tradition of taking and supporting refugees in this country. I am mindful that Creasy, like Farage, is a Huguenot surname, and that all of us come from communities that have benefited from the input of refugees. That is the true British, patriotic tradition that we should be supporting.

[Ms Abbott]

My hon. Friend is completely correct: this is a not a debate that makes sense in the UK any more than it makes sense in the US—a country that was built on immigration, more than any other society that can be named. However, because migrants, refugees, asylum seekers and so on are conflated in the popular narrative, we are where we are.

With Brexit, Trump and the debate about the conditions under which we leave or do not leave the European Union, there is no doubt that the issue of migration is going to come up over and over again. I urge Members who have shown such sympathy and compassion to refugees, and on family reunions specifically, to hold their nerve on the question of immigration. It is so important that as politicians we have a debate on immigration that is based on the facts, not on urban myth. It is so important that we do not propagate notions that immigrants in some general sense drive down wages, when it is in fact predatory employers who drive down wages. It is so important that we do not join UKIP in the gutter when talking about migrants and refugees.

My hon. Friend the Member for Bristol West made eight very important points. I want to leave the Minister plenty of time to respond to each of them—not with waffle, not by trying to change the subject and not by referring to general things the Government may have done in the past. I say to the House that these are difficult times to argue for fair treatment for asylum seekers, refugees and immigrants, but precisely because it is a difficult time, it is so important that those of us who feel able to should stand up and be counted. After all, the point about refugees is that they are not just figures on a Home Office briefing; they are not just images on a television screen; they are not just the subject of Nigel Farage’s speeches—they are people, and they deserve to be treated as people in a fair and humane fashion.