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UNHCR slams UK government over its Illegal Migration Bill
Jim Drury
UK Prime Minister Rishi Sunak meets students as he visits a London school  on Monday. /Alberto Pezzali/Pool
UK Prime Minister Rishi Sunak meets students as he visits a London school on Monday. /Alberto Pezzali/Pool

UK Prime Minister Rishi Sunak meets students as he visits a London school on Monday. /Alberto Pezzali/Pool

The UN High Commissioner for Human Rights (UNHCR) has slammed the UK's Illegal Migration Bill, which has finally been passed by parliament, saying it "significantly erodes the legal framework that has protected so many."

The controversial bill went back and forth between the House of Commons and House of Lords – which approves legislation passed in the lower house – three times in recent weeks. 

Peers (in the Lords) have made repeated amendments during this parliamentary ping-pong but on Monday evening rejected final attempts to reinsert time limits on child detention and modern slavery protections.

The bill now goes for royal assent and will become UK law.

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UNHCR Volker Türk and UN High Commissioner for Refugees Filippo Grandi stated that the UK bill is "at variance with the country's obligations under international human rights and refugee law and will have profound consequences for people in need of international protection."

In a strongly-worded statement the pair wrote: "The Bill extinguishes access to asylum in the UK for anyone who arrives irregularly, having passed through a country – however briefly – where they did not face persecution."

They added: "It bars them from presenting refugee protection or other human rights claims, no matter how compelling their circumstances."

The statement said the policy requires refugees' removal to another country, with no guarantee that they can access protection and "creates sweeping new detention powers, with limited judicial oversight."

The law's passage was crucial if UK Prime Minister Rishi Sunak is to have any chance of meeting his key pledge to stop small boats crossing the English Channel. 

According to Grandi: "For decades, the UK has provided refuge to those in need, in line with its international obligations – a tradition of which it has been rightly proud. This new legislation significantly erodes the legal framework that has protected so many, exposing refugees to grave risks in breach of international law."

UN High Commissioner for Human Rights Volker Türk accused the UK government of risking refugees' human rights. /Fabrice Coffrini/Reuters
UN High Commissioner for Human Rights Volker Türk accused the UK government of risking refugees' human rights. /Fabrice Coffrini/Reuters

UN High Commissioner for Human Rights Volker Türk accused the UK government of risking refugees' human rights. /Fabrice Coffrini/Reuters

The bill gives interior minister Suella Braverman a legal duty to detain and remove anyone entering the UK illegally, either to Rwanda or another third country, despite there existing no similar return deals with other countries. The Rwanda plan was ruled unlawful by the UK Court of Appeal last month.

Türk and Grandi said the bill denies access to protection in the UK for anyone falling within its scope, including unaccompanied and separated children. This is "regardless of whether they are at risk of persecution, may have suffered human rights violations or whether they are survivors of human trafficking or modern-day slavery and may have other well-founded claims under international human rights and humanitarian law."

Türk added: "Carrying out removals under these circumstances is contrary to prohibitions of refoulement and collective expulsions, rights to due process, to family and private life, and the principle of best interests of children concerned." 

Without viable removal arrangements with third countries, he predicted "thousands can be expected to remain in the UK indefinitely in precarious legal situations." He warned that other European countries might be tempted to pass similar legislation. 

Grandi said the UNHCR shares the UK Government's concern regarding the rising number of asylum-seekers resorting to dangerous journeys across the Channel and welcomed efforts to make the existing asylum system work more effectively. 

But "regrettably, this progress will be significantly undermined by the new legislation," he said.

Accusing Sunak's government of potentially depriving refugees of "their human rights and dignity," Türk urged the UK premier to think again. 

He said: "I urge the UK government to renew this commitment to human rights by reversing this law and ensuring that the rights of all migrants, refugees and asylum-seekers are respected, protected and fulfilled, without discrimination." 

UNHCR slams UK government over its Illegal Migration Bill

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