Cecily Zamora
The United Kingdom's laws on refugees and asylum seekers have been a subject of debate and have undergone significant changes in recent years. The UK is a signatory to the 1951 UN Refugee Convention, which defines a refugee as someone who cannot return to their country due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion. Asylum seekers, according to the convention, are those who seek international protection and apply for refugee status. While international refugee law does not mandate asylum seekers to request asylum in the first safe country they encounter, UK asylum law includes measures to encourage this, sometimes treating those who travel through a safe third country as inadmissible to the UK asylum system. The UK's asylum process involves screening, interviews, and a decision-making phase, during which asylum seekers may not be permitted to work. The success rate of asylum applications has fluctuated, with a peak of 76% in 2022, but it has also declined, reaching 47% by 2024. The UK has introduced various schemes, such as the Afghan Relocations and Resettlement Schemes, and enacted laws like the Illegal Migration Act 2023, which has faced criticism for potentially undermining established international refugee protection laws and creating challenges for asylum seekers.
| Characteristics | Values |
|---|---|
| Definition of a refugee | A refugee is a person who is unable or unwilling to return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group, or political opinion. |
| Definition of an asylum seeker | An asylum seeker is someone who is seeking international protection and has applied for refugee status but whose claim is yet to be determined. |
| Rights of refugees | Refugees have the right to apply for welfare in the UK and can apply for visas to stay with family. They are usually given five years' leave to remain and must then apply for further leave. |
| Rights of asylum seekers | Asylum seekers may be eligible for financial and housing support. They typically do not have the right to work but can request permission if they have waited more than 12 months for their claim. |
| UK asylum law | UK asylum law encourages asylum seekers to claim in the first safe country they arrive in. Those who travel through a safe third country may be treated as inadmissible and removed to another country. |
| Recent policies | The Nationality and Borders Act 2022 and the Illegal Migration Act 2023 have been criticised for potentially denying refugees their right to seek asylum in the UK and preventing asylum claims for those arriving by 'irregular' routes. |
| Refugee resettlement schemes | The Hong Kong British National (Overseas) visa, Afghan Relocations and Resettlement Schemes (ARAP and ACRS) are examples of refugee resettlement initiatives. |
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What You'll Learn
The UK's obligations under international law
The UK is a signatory to the 1951 UN Refugee Convention, which defines a refugee as someone who cannot or will not return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion. The convention also establishes the rights and legal obligations of refugees, which the UK is bound to respect.
The UK is also a party to the 1967 protocol of the convention, which removes geographical limitations and temporal restrictions, ensuring that refugees are protected regardless of where they come from or when they were displaced.
International refugee law does not require asylum seekers to claim asylum in the first safe country they arrive in, contrary to popular belief. However, UK asylum law includes measures that encourage this practice, such as treating people who have travelled through a safe third country as inadmissible to the UK asylum system or giving them a less favourable immigration status if they are allowed to stay.
The UK has recently come under fire for its Nationality and Borders Act 2022 and the Illegal Migration Act, which have been criticised by the UN High Commissioner for Refugees (UNHCR) and human rights groups as potentially violating international refugee protection laws and undermining established practices. The UNHCR has expressed concern that these measures may deny refugees their right to seek asylum in the UK and that they are inconsistent with global solidarity and responsibility-sharing.
Despite these controversies, the UK has certain obligations under international law when it comes to refugees and asylum seekers. The Refugee Convention, for example, grants refugees the right to apply for welfare in the UK on par with UK nationals. Additionally, asylum seekers who meet certain criteria may be eligible for asylum support, including housing and financial assistance. While the majority of asylum seekers do not have the right to work in the UK, they may request permission to do so if they have been waiting for more than 12 months on their asylum claim through no fault of their own.
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Asylum-seeker rights
Asylum seekers in the UK have the right to apply for welfare, including financial and housing support. Asylum seekers can apply for Section 95 support if they are over 18, have a pending asylum claim, and pass the 'destitution test'. This means they do not have adequate accommodation or money to meet living expenses for themselves or their dependants. Asylum seekers can also apply for Section 98 and Section 4 support.
The majority of asylum seekers do not have the right to work in the UK. However, they can request permission to work if they have been waiting for more than 12 months on their asylum claim "through no fault of their own". Those who are granted permission to work are restricted to jobs on the Shortage Occupation List or the Immigration Salary List, depending on when their application was submitted.
Asylum seekers have Asylum Registration Cards (ARC), and there are plans to transfer these to a digital format. Asylum seekers must also report to a caseworker regularly while they wait for their asylum decision and inform the authorities if their situation changes.
The UK's asylum system has been criticised for being complex and strict, making it difficult for asylum seekers to provide the required evidence to be granted protection. The UK government's Nationality and Borders Act 2022 and Illegal Migration Act 2023 have also been criticised by the UNHCR, politicians, NGOs, and human rights groups for potentially denying refugees their right to seek asylum in the UK and preventing people fleeing war and persecution from claiming asylum.
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Refugee status eligibility
The UK is a signatory to the 1951 UN Refugee Convention, which defines a refugee as someone who is unable or unwilling to return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion. This definition is recognised under international and regional refugee law, and the UK is bound by specific legal obligations towards refugees.
To be eligible for refugee status in the UK, an individual must meet the definition of a refugee under the 1951 Convention and demonstrate that they have a well-founded fear of persecution in their country of origin. They must also show that they are outside their country of nationality and are unable or unwilling to avail themselves of the protection of that country. While international refugee law does not require asylum seekers to claim asylum in the first safe country they arrive in, UK asylum law contains measures to encourage this. For example, those who travel through a safe third country may be treated as inadmissible to the UK asylum system and removed to another country.
The UK's asylum system is complex and strictly controlled, and it can be challenging for asylum seekers to provide the required evidence to be granted protection. Asylum seekers must apply for asylum if they wish to stay in the UK as refugees. They will undergo a screening process with an immigration officer, after which the Home Office will decide if their claim can be considered. If it can, they will have an asylum interview with a caseworker. During the waiting period, they are typically not allowed to work, but they may be eligible for financial and housing support.
The success rate of asylum applications in the UK has fluctuated over the years, with a peak of 76% in 2022, followed by a decline to 47% by 2024. The average waiting time for an initial asylum decision has increased, leading to a growing backlog of cases. If an application is refused, asylum seekers can appeal the decision, and many refusals are successfully overturned. It is important to note that there is no universally accepted definition of forced migration under international law, and terms like "illegal" or "bogus" asylum seekers are not legally accurate.
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The Illegal Migration Act
The Act has been dubbed an 'asylum ban' by politicians, NGOs, and human rights groups. Laura Kyrke-Smith, Executive Director of the International Rescue Committee UK, has called the Act 'damaging for Britain and devastating for people seeking safety from conflict and persecution'. The Act dismantles the right to seek asylum in the UK, a right established after the Second World War, which has offered vital protection to those in need.
The UK is a signatory to the 1951 UN Refugee Convention, which defines a refugee as a person who is unable or unwilling to return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion. Refugees have the right to apply for welfare in the UK and can be granted five years of leave to remain, after which they must apply for further leave. Asylum-seekers, on the other hand, do not have the right to work in the UK and often struggle financially while awaiting the outcome of their claim.
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The UK asylum application process
When applying for asylum in the UK, you should do so as soon as you arrive or as soon as you believe it would be unsafe to return to your country. The application process begins with a meeting with an immigration officer, known as a 'screening'. During this screening, you will be informed of what you must do while awaiting your asylum decision, such as reporting to a caseworker regularly. After the screening, the Home Office will decide if your claim can be considered in the UK. If your claim is deemed admissible, you will have an asylum interview with a caseworker.
The Home Office can take months or even years to make a decision on an asylum case, and there is currently a significant backlog of cases. Asylum seekers do not usually have the right to work in the UK while their claim is being considered, although they may request permission to work if they have been waiting for more than 12 months through no fault of their own. Asylum seekers may be eligible for financial and housing support while their claim is pending.
It is important to note that the UK's asylum policies have undergone recent changes with the introduction of the Nationality and Borders Act 2022 and the now-defunct Illegal Migration Act 2023. These changes have been criticised by organisations such as the UNHCR and the International Rescue Committee for potentially undermining established international refugee protection laws and dismantling the right to seek asylum in the UK.
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Frequently asked questions
The 1951 UN Refugee Convention defines a refugee as a person who is unable or unwilling to return to their country of origin due to a well-founded fear of being persecuted based on race, religion, nationality, membership of a particular social group, or political opinion.
An asylum seeker is someone who has applied for refugee status under the 1951 UN Refugee Convention but whose claim is yet to be determined. Asylum seekers are not obliged to make their asylum claim in the first safe country they arrive in after leaving their country of origin.
Asylum seekers in the UK have certain rights, including the right to apply for welfare, financial and housing support, and permission to work after a certain period. They are also provided with Asylum Registration Cards (ARC).
The UK is a signatory to the 1951 UN Refugee Convention and its 1967 protocol, recognizing the rights of refugees and asylum seekers. However, the UK has also introduced measures such as the Nationality and Borders Act 2022 and the Illegal Migration Act 2023, which have been criticized for potentially undermining refugee protection laws.
To claim asylum in the UK, an individual must apply and go through a screening process with an immigration officer. After the screening, the Home Office will decide if the claim can be considered in the UK. If it can, the individual will have an asylum interview with a caseworker.
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