Refugee Family Reunion Routes: Sudan

Debate between Stuart C McDonald and Jim Shannon

Wednesday 29th November 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I am grateful to have the opportunity to draw the House’s attention to the catastrophic situation in Sudan and to highlight the circumstances of the people in danger there, some of whom have family members recognised as refugees here in the United Kingdom. I hope to take this time to illustrate how the UK’s family reunion rules make it incredibly difficult for those individuals—most of them children—to join their family members here. Finally, I want to ask the Government to think again about how they apply the family reunion rules, given the horrendous circumstances that those individuals face, and to urge the Minister and his colleagues to think about a new approach to facilitate and support reunion with family members here rather than hindering it, as seems to be the case in too many instances.

I turn, first, to the circumstances in Sudan. What is unfolding there has been described by the United Nations as one of the

“worst humanitarian nightmares in recent history.”

Since fighting broke out between the Sudanese armed forces and the paramilitary Rapid Support Forces, more than 9,000 have been killed. Horrific reports of rape and sexual violence continue to emerge, and clashes are increasingly along ethnic lines, particularly in Darfur. Every hour children are killed, injured or abducted. Many hospitals have had to suspend operations; others have been bombed or turned into military bases.

Last month, the Minister for Africa said that the violence there bore

“all the hallmarks of ethnic cleansing”.

The fighting that commenced in mid-April has led to more than 1 million people fleeing Sudan altogether to neighbouring Chad, Egypt, Ethiopia, South Sudan and the Central African Republic. Meanwhile, more than 5 million have been forced from their homes, internally displaced within Sudan. Among those displaced are almost 1.5 million refugees and asylum seekers from other countries, who had already had to flee persecution in their home territories to Sudan, particularly Eritrean nationals. More than 6 million people are on the edge of famine, and more than 20 million face acute food insecurity. More than 4 million women and girls face the risk of gender-based violence, with limited or no access to protection services and support.

Against that background, I have had the pleasure of working with the Refugee and Migrant Forum of Essex and London—RAMFEL—which has a number of refugee clients here in the UK with family members stuck in Sudan who want to get here. Altogether, RAMFEL represents 14 individuals—a tiny sample of that country—who have been struggling to leave Sudan to join their family here. Seven months on from the start of the most recent conflict, only two have made it here so far. Of those two, one—a child—was successful only after an appeal. Of the 12 who have not yet made it here, all are children under 18. Ten are Eritrean, and two are Sudanese. Of those 12, eight are still in Sudan itself—children in a war zone, facing extreme danger. The other four have made it to neighbouring countries but, as we will see, they are not out of danger yet.

To all reasonable observers, given the circumstances of those children, reunion with their family members in the United Kingdom must be appropriate and the right thing to do. Is it not precisely for such situations that we have family reunion policies at all? Family reunion would provide a safe legal route to the UK, allowing both the individuals here and those coming here to get on with rebuilding their lives. It would remove any temptation to seek assistance from people smugglers—breaking the business model, to borrow that expression. Most fundamentally, those children would be safe.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this debate—that constituency is quite a mouthful, and I hope I pronounced it right. He is at the fore in addressing this issue. In Sudan, 4.3 million people have been displaced, and 1.1 million are living in five neighbouring countries. The British Red Cross has been instrumental in reuniting more than 10,000 displaced people and their families. It can offer support with visa applications if the individual is based in London, Liverpool, Preston or Plymouth, according to its website. Does he agree that it is important to have visa assistance hubs throughout the United Kingdom of Great Britain and Northern Ireland, with at least one for the devolved institutions in Northern Ireland.

[Stuart C. McDonald]

The hon. Gentleman makes perfect sense. Organisations such as the Red Cross and RAMFEL, which I have been working with on this topic, are fantastic. The more support we can give them and people across the United Kingdom, the better.

These are precisely the circumstances in which we should have refugee family reunion rules. I regret to report that, unfortunately, the rules and processes are making it harder for these people than it should be. In particular, while UK rules are pretty generous for spouses, partners and children—I acknowledge that—they are more restrictive for other categories of relative, including siblings. Most of the children I am talking about today have lost their parents, and it is an older sibling here in the UK that they are seeking to join.

Furthermore, the rules require enrolment of biometric information before an application will even be looked at. That means the children cannot even get over the starting line, because the visa application centre in Sudan, understandably, had to close after the outbreak of the conflict. If there is no way to safely provide biometric information, surely we should stop asking for it in advance?

I will set out precisely how the application of the family reunion rules and procedures has impacted on the children. I am using pseudonyms to protect the identity of individuals. Sixteen-year-old Adila fled to Sudan to escape persecution in Eritrea, including forced conscription into the army. As a lone 16-year-old girl in a war zone, she clearly faces significant risks. She has already been displaced from Khartoum to a city in eastern Sudan and is struggling severely with her mental health. She seeks family reunion with her older brother, who is a recognised refugee here in the UK. However, hers is one of a number of cases that cannot get off the ground because the Home Office insists she attends a visa application centre to enrol biometric information. The centre in Sudan is closed, so that would mean having to make an irregular and dangerous journey to a neighbouring country to do it there.

I acknowledge that the Home Office does consider applications to defer enrolment of biometric information until the person either arrives at or is at least en route to the UK, so that the application can proceed. But even a cursory look at the relevant policy document shows that it is only in very few circumstances indeed where the Home Office allows that to happen. When 16-year-old Adila asked to defer enrolment, she was refused that application. The Home Office said she had not proved her identity with reasonable certainty and asserted that having crossed one border irregularly—fleeing Eritrea to get to Sudan—she could obviously manage to do so again.

I do not believe that that is a fair approach to take to a 16-year-old girl in Sudan. Allowance has to be made for the fact that Eritrean refugees in Sudan will almost certainly not be able to produce passports. A degree of latitude is therefore required. The idea that because someone fled over a border in fear of persecution, they can just be called on to make another dangerous and irregular journey is in itself a dangerous idea. It rides a coach and horses through the Home Office’s own policy. It would not be worth the paper it is written on. If an unaccompanied 16-year-old girl in a war zone cannot avail herself of the deferral policy, who on earth can?

Seven of the other individuals are in a similar situation. They cannot apply because they are in Sudan and there is no place to go to enrol their biometric information. Even among those who have made it out of Sudan, similar issues can arise. For example, Fatima, a 15-year-old Eritrean girl, had originally made a family application to join her brother in the UK just prior to the outbreak of the war in Sudan. She had got as far as booking an appointment at the visa application centre in Khartoum. That, of course, had to be cancelled when the centre closed after the outbreak of fighting. Fatima ended up trafficked from Khartoum to South Sudan some weeks after the outbreak of war, and was released only on the payment of a ransom. She clearly remains at severe risk of kidnapping, sexual exploitation and all other manners of harm. There is no visa application centre in South Sudan, but again the Home Office refused to defer biometric enrolment.

RAMFEL asked the Home Office if, as an alternative, mobile biometric enrolment could take place—someone would travel to South Sudan from a regional VAC to take the biometrics there. If required, RAMFEL would offer to pay, but even that reasonable offer was refused. I ask the question again: if those circumstances do not merit the deferral of biometric enrolment or other compromise action, what on earth does?

International Doctors: Visas

Debate between Stuart C McDonald and Jim Shannon

Wednesday 2nd November 2022 Westminster Hall

[Stuart C. McDonald]

That is a valid proposition, and we could do the same with health boards in Scotland. If we knock our heads together, we can come up with a way to fix this. It just requires a little bit of pragmatism.

There is a second issue I wanted to raise—when I saw the motion for this debate, I wondered if the hon. Member for Boston and Skegness would raise it. That issue relates to recent reports from the BBC flagging complaints of poor treatment and conditions for international doctors in private hospitals, as well as highly questionable recruitment practices. I will touch upon it briefly because it has not been raised, although it is important to draw it to the House’s attention and to see if the Minister will investigate and respond. There were reports from 11 October suggesting that doctors from some of the world’s poorest countries were being recruited, by Nuffield Health in particular, to work in private hospitals under conditions prohibited in the NHS. There are reports of doctors being on call 24 hours a day for a week at a time, not being able to leave the hospital grounds and, unsurprisingly, suffering from extreme tiredness, putting both patients and doctors at risk.

Nuffield Health denies those allegations, but a British Medical Association and Doctors’ Association UK questionnaire of 188 resident medical officers adds some credence to the claims. It shows that 81% of respondents were recruited from Nigeria, and most complained of extreme working hours and unfair salary deductions. The conclusion of the Doctors’ Association UK was that we now have a two-tier system: one for the NHS and one for other international recruits in the private sector. I ask the Minister to look into that.

That issue highlighted to me another fundamental problem with how the immigration system operates. We have all sorts of checks and regulations that focus on ensuring that people who come to work here abide by their visa conditions, and they include the doctors we have been talking about—the IMGs—where the Home Office is on their case as soon as they have qualified to see what they are doing next. However, little or no checks are done to protect people who come here. That is not just in the NHS and with doctors; I have been firing off parliamentary questions and freedom of information requests in relation to the agricultural sector. That is a sector wide open to exploitation, but as far as I can see there is no concerted effort to protect people from that exploitation.

As the Minister will appreciate, Nigeria is a red-list country for recruitment. According to both the World Health Organisation and the Government, that is not where we should be finding doctors.

[Jim Shannon]

Does the hon. Member agree that, when it comes to the criteria used, one thing we should perhaps be seeking from the Minister is an assurance that greater weight will be given to the skills that people have, as opposed to the money they could earn?

[Stuart C. McDonald]

That is absolutely fair. The point I am making is that we should also consider—and in fairness, we do—where it is that we are recruiting from. We do not want to leave some of the poorer countries in the world without the skills they need.

Nigeria is a red-list country, but the report highlighted that both the General Medical Council and the British Council are involved in establishing and overseeing a professional and linguistic assessment board test in Lagos. I encourage the Minister to look into those reports. I appreciate that he might not be able to tell us about them today.

Various broader issues have been raised, including visa fees, pensions and so on. We could talk about the impact of free movement and how that has mired certain services, including GP practices, in red tape and bureaucracy, but we will keep that discussion for another day.

I again congratulate the hon. Member for Boston and Skegness on securing the debate. Throwing out skilled and desperately needed GPs in whom we have invested tens of thousands of pounds in training is utterly absurd. The hon. Member for Strangford (Jim Shannon) put it very nicely, as he always does. The question is how we can help them to help us. There are pragmatic solutions available. This is an early test for the Minister on whether he will be a pragmatist or take what I would characterise as the more dogmatic approach of the previous Home Office regime. I very much hope it is the former and that he is a pragmatist.

Nationality and Borders Bill

Debate between Stuart C McDonald and Jim Shannon

2nd reading
Monday 19th July 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

rose—

[Stuart C. McDonald]

Will the Secretary of State give way?

Immigration Rules (International Students)

Debate between Stuart C McDonald and Jim Shannon

Wednesday 16th November 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this debate. The issue affects many people in my constituency and certainly needs attention. Like other hon. Members here, I believe in education. I believe that those with a vocation should be facilitated to learn their trade or skill, that those who are desirous of learning should be enabled to do that and that those who can bring skills to our economy must be able to do so. I believe that our universities must be able to welcome foreign students, with the higher tuition they bring, and that they should be in a position to facilitate higher learning.

But in all of this, I believe we should not be taken advantage of. Something the Prime Minister said when she was Home Secretary sticks in my memory:

“We want the best international graduates to stay and contribute to the UK economy. However, the arrangements that we have been left with for students who graduate in the UK are far too generous. They are able to stay for two years, whether or not they find a job and regardless of the skill level of that job. In 2010, when one in 10 UK graduates were unemployed, 39,000 non-EU students with 8,000 dependants took advantage of that generosity.

We will therefore close the current post-study work route from April next year. In future, only graduates who have an offer of a skilled graduate-level job from an employer licensed by the UK Border Agency will be allowed to stay.”—[Official Report, 22 March 2011; Vol. 525, c. 855.]

That does not seem to be unfair. It is our responsibility to provide the highest levels of our education to our own constituents and graduates who are unemployed. It is our privilege to offer the highest level of education to others who want to study in some of the best universities in the world but, with respect, it is not our responsibility to continue to cater for them to the detriment of our own economy.

[Stuart C. McDonald]

Will the hon. Gentleman give way?

[Jim Shannon]

I cannot give way because the Chairman was very clear about time.

Queen’s University Belfast is an example of some of the good work, student exchange participation, and research and investigation into new drugs that take place. The wealth of talent from overseas enables us to do that great work. Our medical staff are greatly enhanced by those junior doctors, or registrars, from other countries and they could not do without them. I am thankful that that work takes place, but it will not stop because things have been tightened up. It will merely stop our groaning system from being further burdened by responsibilities that are not ours to bear. I understand the need to tighten up some of the controls.

I welcome the fact that Brexit presents the opportunity to find terms of international study that suit students and the higher education institutions without impacting on the decision to ensure that we do not adversely affect our economy. I understand how the uncertainty of Brexit may impact on those who want to come here to live and to educate themselves, and I am sure that American universities are facing similar uncertainties, but this is not the end of international students. It is the beginning of teamwork to promote our universities and the benefits of coming here to work and study. Brexit does not signify the death knell, as I and others have said in recent days. It presents opportunities, and the universities can and must be part of this process. We must put in place agreements to promote our universities and allow visas for students, but the correct standards must apply.

I understand that India and other nations want a change to the system, and it is essential that we work with them as much as possible to provide an accessible system. It must never be forgotten that visas are a protection for us. During her visit to India, the Prime Minister indicated that she was looking at student visas for those from India, and that is important. Our universities want foreign students, foreign students want our universities and our Government want to facilitate this. We must find a balance between that and our security. There is a way and the Home Office must find it. The Home Secretary must outline how that balance will be struck and the Brexit team must deliver the negotiation of agreements to enhance and support European uptake.