Nationality and Borders Bill: How will this affect Asylum Claims?

The critically panned Nationality and Borders Bill passed its second reading in the House of Commons last month, penalising asylum seekers on how they entered the UK. The bill, which passed with 366 votes to 265, will give Border Force powers to turn back migrants attempting to cross the Channel from France with “reasonable force, if necessary”.

The new legislation will increase prison sentences for those who enter the country without permission from six months to four years, and maximum life imprisonment for those convicted of smuggling people.

For the first time, the new legislation will have a bearing on whether their asylum claim is accepted depending on how they entered the UK.

It will mean that the previous refugee status will be replaced with a temporary, up to 30 months asylum protection status, that doesn’t include an automatic right to permanent residence, nor allow refugees to be reunited with their family, and no access to public funds unless in cases of destitution.

For refugees who entered the UK legally on the official resettlement programme will get indefinite leave to remain status once they arrive.

Home Secretary, Priti Patel has said the government will establish a ‘good faith’ requirement for legal representatives. Something that has been heavily criticised by the Law Society, also questions how the procedure will work without clear and concise instruction.

The Bill has still yet to have its 3^rd reading in the House of Commons before passage in the House of Lords. There are already a few legal concerns. The Bill breaches the international Refugee Convention; however, there is no global police officer to enforce this convention, and no dedicated court to address the violation of it.

This article will be updated on progress.

If you or someone you know is need to of legal advice on claiming asylum in the UK, please visit Asylum & Humanitarian Protection for more information or call 023 8023 4433 to get started.

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.