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Rishi Sunak's Asylum Seeker Plan Criticized by UNHCR as "Clear Breach" of International Law

Strategic Insights

— 2 min read

The UN Refugee Agency (UNHCR) has condemned Rishi Sunak's plan to deport asylum seekers without considering their claims as a "clear breach" of international law. The plan, outlined in the Illegal Migration Bill, would impose a legal duty on the home secretary to remove anyone who arrives on a small boat, either to Rwanda or another "safe third country", without hearing their asylum claim. This would undermine the Refugee Convention and deny protection to many asylum seekers in need of safety and protection.

Key Takeaways:

  • The UNHCR has criticized Rishi Sunak's asylum seeker plan as a "clear breach" of international law, citing that the plan would deny protection to many asylum seekers in need of safety and protection.
  • The Illegal Migration Bill would impose a legal duty on the home secretary to remove anyone who arrives on a small boat, either to Rwanda or another "safe third country", without hearing their asylum claim.
  • The bill would "brand refugees as undeserving based on mode of arrival," distorting the fact that most small-boat migrants would be granted refugee protection if the UK considered their claims.
  • The UNHCR noted that resettlement programs "remain very limited and can never substitute for access to asylum," and that people must currently be present in the UK to claim asylum.
  • The government's Rwanda scheme has failed to start, and Albania is the only other nation to have agreed to accept asylum seekers from the UK.
  • The UK's immigration detention estate is not big enough to hold a significant proportion of small-boat migrants awaiting deportation.
  • Opposition MPs accused the government of abandoning Afghans who had not managed to board evacuation flights out of Kabul in August 2021.

Statistics:

  • Over 3,000 people have crossed the Channel so far in 2023, double the 1,500 seen by the same point in 2022.
  • Afghans account for the largest number of those currently making the journey, according to Home Office data.
  • The "vast majority" of small-boat migrants would be granted refugee protection if the UK considered their claims.
  • The UK has no return agreements in place for asylum seekers.
  • The UK's immigration detention estate is not big enough to hold a significant proportion of small-boat migrants awaiting deportation.
  • Theresa May has expressed concerns about the feasibility of the plan, and some Tory MPs have expressed doubts about the government's ability to pass the legislation before the next general election.

Sources:

  • UNHCR (2023) - Statement issued yesterday afternoon
  • Home Office data (2023) - Shows that Afghans account for the largest number of those currently making the journey
  • The Independent (2023) - Quotes Tory MPs expressing concerns about the feasibility of the plan

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