Migrant Crossings

Yvette Cooper Excerpts

Monday 7th January 2019 Commons Chamber

[Sajid Javid]

I thank my right hon. Friend for his suggestions. We are working closely with the Ministry of Defence. On his first point, we are sending, including via this statement, a very clear message: “If you have passed through a safe country”—that of course includes France—“we will seek to make your claim inadmissible, and you should think twice about taking that journey. Do not give your money to these people smugglers—these vile criminals—and do not take this dangerous journey. If you are seeking protection, seek protection in the first safe country that you can.”

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I would like the Home Secretary to clarify what he just said. Is he seriously saying that he wants to make all first claims of asylum in this country inadmissible if people travelled through another country first? He will know that people often travel because they have family in this country and existing family reunion provisions do not work effectively, and that we are bound by international law. Is he seriously saying he wants to rip up our obligations under the refugee convention and international law? Does he realise the shame that his doing so would bring on our country?

[Sajid Javid]

Let me be clear with the right hon. Lady. I am not saying that at all. What I am saying is—[Interruption.] I am not saying that, and I will clarify. Every claim of course will be assessed on its own merits, but the point I am making is about the first safe country principle, which is well established. I mentioned in response to the shadow Home Secretary a number of international agreements. The concept has now been accepted by the UNHCR, and it is even in European rules, which apply to us through the common European asylum system. The principle is well established in the qualification directive and the asylum procedures directive, which are backed up by the Dublin regulation.

For example, articles 25 and 26 of the 2005 asylum procedures directive cover the principles of first safe country and inadmissibility of claims where people have travelled through safe countries. Indeed, the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which is domestic legislation, clearly sets out that failure

“to take advantage of a reasonable opportunity”

to claim asylum in a safe country shall be taken into account in assessing an individual’s credibility. That is an Act that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) voted for.