The Labour government has recently introduced significant changes to the UK asylum processing system with the implementation of the Illegal Migration Act 2023 (Amendment) Regulations 2024. These new regulations bring an end to the prohibition on granting leave to people who have claimed asylum, fundamentally altering the landscape of the UK’s immigration policy.
What’s on for asylum claims?
The new regulations for the UK asylum processing system effectively address the backlog of inadmissibility cases, which had been a significant challenge under the previous rules. All cases currently stalled in the inadmissibility process will now be processed under the Nationality and Borders Act 2022, allowing asylum claims, human rights, and trafficking claims to be handled once again. This move is expected to streamline the asylum process and bring relief to many who have been in limbo.
How does the financial impact look like?
An impact assessment by the Home Office estimates that the benefits of this change could range between £6.2 billion and £27.1 billion, with a central estimate of £11.3 billion. These figures reflect the potential economic benefits of processing asylum claims efficiently, reducing the financial burden on the UK’s support systems.
What is the background story?
Previously, the Illegal Migration Act and its cohorts prohibited the granting of leave to remain for individuals who arrived in the UK illegally. This led to a significant halt in processing asylum cases since March 2023. The lack of a ministerial directive on granting leave, coupled with logistical challenges, exacerbated the backlog, leaving thousands of asylum seekers in uncertainty.
Statement of the Home Secretary
The Home Secretary highlighted that the Home Office lacked an effective triage process, which prevented the processing of both asylum claims covered by the Illegal Migration Act and those under previous policies. As a result, no decisions could be made on any of the asylum cases, leading to widespread stagnation in the system.
What are the key changes?
The new regulations bring several critical changes:
- Section 2 Amendments: The duty to make arrangements for removal no longer applies retrospectively to those who arrived on or after 20 July 2023.
- Retroactive Adjustments: The retrospective effect of the bans on grants of limited leave to remain, indefinite leave to remain, and British citizenship has been lifted. This means the ban on granting leave and citizenship is no longer in place unless the duty to remove is brought into force.
The changes were implemented using the regulation-making powers in section 3(1) of the Illegal Migration Act, avoiding the need for primary legislation. This approach was chosen to avoid extensive parliamentary procedures and expedite the processing of asylum claims.
While these changes are a positive step, they do not address all the issues within the Illegal Migration Act. The duty to make arrangements for removal can still be enacted, potentially disrupting the system again. Furthermore, harmful detention provisions remain in place, continuing to affect many asylum seekers.
The government has the opportunity to use the upcoming Border Security, Asylum, and Immigration Bill to repeal the Illegal Migration Act and the Safety of Rwanda Act definitively. This would provide a more stable and humane framework for managing asylum and immigration in the UK.
The amendments to the Illegal Migration Act 2023 mark a significant shift in the UK’s approach to asylum processing. By lifting the ban on granting leave and streamlining the process, the government aims to resolve the backlog and improve the efficiency of the asylum system. However, further legislative action is necessary to ensure these changes lead to a lasting and humane immigration policy.