The UK has announced a new Asylum and Refugees Border Bill. The Nationality and the Border Bills is the key element of the new scheme of the government for immigration. It aims to provide the most significant restructuring to the broken refugee system in decades.
The bill’s beginning was accompanied by a discussion, which the government thoroughly examined. The government’s reaction will be made public in the coming days.
Main Motives
Following are the main motives of The Bill and the wider plan:
To make the platform more equitable and productive
The reason is to better defend and assist those individuals who really need refugee status. For the fulfillment of this motive, the government will do the following actions.
- Continue to resettle real refugees directly from dispute and insecurity zones. That has saved 25,000 people in the last six years. This figure is higher than any other European country.
- Continue offering asylum seeker family reunions. Due to this, an additional 29,000 people entered the UK within the last six years.
- Fulfilment of statutory responsibility to present a report to Parliament on the findings of the secure and lawful routes analysis. This will also include the family reunion for unescorted asylum seekers.
- Strengthen refugee aid to facilitate them in establishing a life in the UK, incorporating, and becoming self-sufficient citizens of society.
- Initiate a modern temporary protection prestige. This will be designated for those who do not come directly to the UK or who do not seek asylum immediately upon arrival. Those individuals identified as needing protection in any scenario. This condition will provide only basic rights while still covering the international legal responsibilities.
- Establishment of reception centres for asylum seekers and failed asylum seekers. This will be for their assistance, for example, to end up replacing guesthouses. As a result, they can stay in simple, safe, and secure accommodations while their complaints and returns are analysed. They can wait in a safe place for the outcomes of their complaints.
- Development of a new and grown ‘one-stop’ procedure. This will determine that all asylum, civil rights, and other safety claims are made. Not just made but taken into account together prior to any court hearing. This will help stop repetitive spur-of-the-moment baseless statements that are simply planned to hinder suitable removal.
- Increase in the availability of legal services to people. With this, all critical aspects can be highlighted at the same period. The refugees will also be availed with ease by the government.
- In accordance with the international commitments, the authorities will enhance the law exempting serious criminals and those who pose a risk to national security from modern slavery defences. They will define the situations under which proved victims of modern slavery should be awarded the temporary right of residence. Moreover, clearly articulate the judgement thresholds for potential and proved victims.
- Modernization in nationality law. This is aimed to make this legislation more equitable. The other motive of this update is to address historical errors as well.
To discourage unlawful crossing into the UK
This is for interrupting criminal trafficking systems, as a result, saving people’s lives. For the achievement of this mission, the government will perform these actions.
- Bring new and firmer lawbreaker violations for those trying to enter the UK unlawfully. The modern violations will lead to an increase in the punishment for unlawful entry from 6 months to four years in a jail cell. Furthermore, instituting life sentences for human smugglers.
- Offer the Border Force further authority to fulfill the responsibilities like:
- Checking unaccompanied containers at ports for the existence of unauthorized immigrants trying to enter the UK.
- Start seizing and try to get rid of any intercepted and encountered vessels. The charitable donation is also included in it if suitable.
- Stop and redirect vessels detected of transporting undocumented migrants to the UK. Then return them to the point where their sea route to the UK originated. Also, provide the agreement to the nations involved, such as France.
- Extend the punishment for foreign citizens who return to the UK in disobedience of a court order from six months to five years in jail. This type of penalty will alarm others planning to do the same in the future.
- Create an Electronic Travel Authorisation (ETA) mechanism, which is similar to the ESTA program in the United States. The reason for it will be to prevent persons who pose a threat to the UK from crossing the border through illegal routes.
To deport those who have no lawful authority to be in the UK
The logic behind it is to make a clear path for the deserving individuals who have the legal right to be in the UK. The government will do:
- Clarification of the persons that the UK may expel, including criminals, to a secure third nation. Further, designate those who arrive from a state where they may have sought asylum illegally. They will be allowed to be deported to another safe country.
- Implementation of speedier procedures including in custody. It will enable the swift departure of people who do not have the legal right to remain in the country.
- Introduction of an authority to apply visa charges on states that refuse to negotiate in the expulsion of their people who do not have a legal right to be in the UK.
- Guarantee that compliance with the refugee or removal process is taken into account when determining whether or not to provide immigration bail.
- Extend the time period during which Foreign National Offenders can be released from prison. This will be under the Early Clearance Program for the purpose of departure from the UK.
- Place a single, uniform minimum notice term in legislation for immigrants to pursue retribution before enforced removal. Also, confirm in law that a new time limit does not need to be granted following an earlier unsuccessful removal, such as where the immigrant has physically delayed their removal.
The reasons behind this strategy
There are a few reasons for which the government has decided to make this strategy.
- The damaged platform
In order to improve anything, the system needs to be honest first. With this new plan, the system will continue to fulfill its ethical and practical responsibilities to assist innocent people fleeing brutality all over the world.
- European migration downturn 2015-16
In 2019, asylum applications in the United Kingdom enhanced by 21%. If we compare it from the past year, it increased to nearly 36,000 applications. This had been the highest figure since the European’migration downturn’ of 2015-16.
- The recent inefficient requests system
Since May 2020, 32% of asylum requests filed in 2019. Moreover, 9% of requests filed in 2018 had no established output.
- Charges of the immigration system
The immigration system now charges more than £1 billion per year to start operating.
- Unlawful crossings
The number of people who entered illegally in 2020 was around 16,000. Also, the number of individuals with no privilege to be here being eliminated has been slowly dropping for several years. The reason behind it is the authorities had faced some hurdles.
- Risk to public
As a result of all these reasons, there are now over 10,000 Oversea National Offenders on the roads. They might cause risk to the general public.
Now is the moment for action.
In addition to the law, the government is embarking on a year transformation program. This involves the three things:
- Secondary legislation,
- Regulatory modifications,
- Operational adjustments.
These reforms will work together to make the balanced but strong structure that the public demands. With the help of this new scheme, the government will fulfill all the needs of the public.