Illegal Migration Bill could have ‘adverse effect’ on global refugee rights

The UN said the Illegal Migration Bill, which is set to become law today, could have an “adverse effect” on the international human rights protection system if other countries follow the UK’s example.

The Scottish Refugee Council said the Bill “doesn't represent us or the society we want to live in”.

The legislation will prohibit access to asylum in the UK for anyone who arrives “illegally”, such as on a small boat or in the back of a lorry – having passed through a country where they did not face persecution. It also puts a duty on the home secretary to detain and deport anyone who enters the country illegally.

In a joint statement, UN High Commissioner for Human Rights Volker Türk and UN High Commissioner for Refugees Filippo Grandi warned the new rules barred asylum seekers from presenting refugee protection or other human rights claims, “no matter how compelling their circumstances”. In addition, the Bill requires their removal to another country, with no guarantee any refugee will necessarily be able to access protection there.

Mr Grandi said: “For decades, the UK has provided refuge to those in need, in line with its international obligations – a tradition of which it has been rightly proud. This new legislation significantly erodes the legal framework that has protected so many, exposing refugees to grave risks in breach of international law.”

The UN said most people fleeing war and persecution either did not have or were unable to access formal documents such as passports and visas, meaning safe and “legal” routes were rarely available to them. The 1951 Refugee Convention explicitly recognises refugees may be compelled to enter a country of asylum irregularly.

Mr Türk said: “In addition to raising very serious legal concerns from the international perspective, this Bill sets a worrying precedent for dismantling asylum-related obligations that other countries, including in Europe, may be tempted to follow, with a potentially adverse effect on the international refugee and human rights protection system as a whole.”

The Scottish Refugee Council said the Bill becoming law was “devastating”. “Please join us in solidarity with everyone seeking safety and justice,” it said.

Jamie Fookes, UK and Europe advocacy manager at Anti-Slavery International, branded the Bill “cruel and unworkable”. He said the legislation “hands new tools for exploitation” to traffickers.

"We are outraged that successive governments, over the last two years, have pushed through laws and policies that directly roll back support for victims of modern slavery, including through the Nationality and Borders Act and the unlawful Rwanda policy,” he said.

Mr Fookes added: “The passing of this Bill is a rallying cry to us all. We must fight for a system that can support victims and survivors, that is founded in compassion, and managed with competence.”

More than 45,000 people entered the UK via Channel crossings last year, up from around 300 in 2018. The Scottish Government said it had “serious concerns” about the Bill when it was proposed in March.