How is the UK stopping Channel crossings and what are the legal routes to the UK?
- Published
New plans to tackle small-boat crossings have been set out by the government.
It follows large increases in the number of migrants crossing the Channel.
What is the government's new plan?
Under the Illegal Migration Bill:
- the home secretary has a duty to detain and remove those arriving in the UK illegally, either to Rwanda or another "safe" third country
- migrants would not be granted bail or able to seek judicial review for the first 28 days of detention
- under-18s, those medically unfit to fly or at risk of serious harm in the country they are being removed to would be able to delay departure
- people removed from the UK would be blocked from returning, or seeking British citizenship in future
- there is a cap on the number of refugees the UK will settle through "safe and legal routes"
The law would apply retrospectively, with anyone arriving illegally from Tuesday 7 March at risk of deportation.
Can asylum seekers currently reach the UK legally?
It is already illegal for migrants to knowingly enter the UK without a visa or special permission.
People who do so can be jailed for up to four years and removed to a safe country. However, between June and November fewer than 100 people who crossed in small boats were arrested.
The UK also has an international legal duty to not criminally penalise anyone seeking protection as a refugee.
What are the "safe and legal" routes to claim asylum in the UK?
The Home Office says there are a number of "safe and legal" routes to the UK.
However, some are only available to people from specific countries such as Afghanistan and Ukraine, or British National status holders in Hong Kong.
Other asylum routes only accept a limited number of refugees:
- UK Resettlement Scheme - prioritises those from regions in conflict. It planned to resettle 5,000 in its first year, but resettled 1,125
- Community Sponsorship Scheme - for local community groups to provide accommodation and support for refugees. In 2021, 144 people used this route
- Refugee Family Reunion - for partners and children under 18 of those already granted protection in the UK. In 2021, 6,134 visas were granted
- Mandate Resettlement Scheme - to resettle refugees who have a close family member in the UK who can offer a home. The scheme has resettled about 430 refugees since 2004, but just two people in 2021
Organisations including the Refugee Council and Amnesty International says there are no safe and legal routes for most people to seek asylum in the UK.
What does international law say about refugees?
Critics of the government's latest asylum proposals, such as the Refugee Council, say they break international law.
The UN's refugee agency the UNHCR told the BBC the plans were "very concerning", and would block even those with compelling asylum claims.
In a letter to MPs, Home Secretary Suella Braverman said there is a "more than 50% chance" that the new bill is incompatible with international law.
The 1951 Refugee Convention is an international agreement outlining the rights of refugees around the world.
The main principle of the Refugee Convention states that refugees should not be returned to a country where they faced threats to life or freedom.
The government argues that its Rwanda plan is in line with international law because it's a safe third country.
The Nationality and Borders Act changed the law so that asylum seekers in the UK could be rejected if it can be shown they passed through a safe third country before reaching the UK. But this has no basis in the Refugee Convention.
The European Convention on Human Rights (ECHR) is a commitment to protect human rights signed by Council of Europe members. It is part of UK law under the Human Rights Act.
The ECHR protects the same rights of refugees as the Refugee Convention. It commits signatories like the UK against sending asylum seekers to countries where their lives may be at risk.
What has the government already said it will do about small boats?
Prime Minister Rishi Sunak previously set out plans to reduce numbers crossing:
- a new Small Boats Command Centre bringing together the military and National Crime Agency (NCA)
- increased funding for the NCA to address immigration crime
- more raids on people suspected of working illegally
- moving up to 10,000 migrants into disused university halls and holiday parks to save on hotel costs
The government also pledged to abolish the backlog of initial asylum decisions by end of 2023.
The government also announced a new agreement with Albania to place more UK Border Force staff in its capital Tirana, and to fast track the return of failed asylum seekers.
In November, a £63m deal was signed with France to pay for additional French officers patrolling the Channel and more use of drones.
What happens when people arrive in the UK?
Most people arriving by boat claim asylum on arrival in the UK.
An asylum seeker is a person who has applied for the right to seek shelter and protection in another country.
Asylum seekers have an initial interview and - if their case is accepted - they can apply to remain in the UK.
However, asylum claims from 28 June 2022 can be rejected if the applicant has a connection to a safe third country. This includes passing through France.
The Home Office says applicants should receive a decision within six months, but in the year to June 2022 70% had not heard back within that time.
Asylum seekers usually cannot work while their case is considered.
If their application for asylum is accepted, they can stay in the UK. If rejected, they face being returned to the country they came from, but can appeal.
Clarification 2 December: This article has been amended to make clear that the government's "safe and legal" routes are only available to certain groups of people who have already been recognised as refugees, or family members of refugees already in the UK.