House of Lords European Union Committee considers what Brexit will mean for refugee protection and asylum policy

The House of Lords European Union Committee has today published a comprehensive new report looking at the implications of Brexit for refugee protection and asylum policy.

Image credit: UK GovernmentThe 103-page report can be downloaded here or read online here.

Brexit will see the UK leave the Common European Asylum System (CEAS) and the Committee finds overall: "Asylum standards in the UK will only be affected by Brexit insofar as they relate to the first phase of CEAS Directives. We note concerns about the loss of procedural protections set out in these Directives, and the possibility of 'retrograde steps' without the overarching EU framework of standards. Nonetheless, we are reassured that the continued application of international law—including the Refugee Convention and ECHR—should ensure there is no diminution in the treatment and protection of asylum seekers in the UK."

Nevertheless, the Committee calls on the Government to offer public reassurances that it has no intention of curtailing the rights and protections afforded to refugees in the UK after Brexit.

According to the Committee, the most significant implication of Brexit will be for family reunion for refugees, as the UK would withdraw from the EU's Dublin system which establishes the criteria and mechanisms for determining which EU Member State is responsible for examining an asylum application.

The report states: "UK withdrawal from the Dublin System after Brexit would result in the loss of a safe, legal route for the reunification of separated refugee families in Europe. Vulnerable unaccompanied children would find their family reunion rights curtailed, as Dublin offers them the chance to be reunited with a broader range of family members than under current UK Immigration Rules."

It adds: "In a 'no deal' scenario, the UK's sudden departure from the Dublin System could have a significant humanitarian impact on separated refugee families, leaving them in legal limbo. We are not satisfied that sufficient steps have been taken to mitigate disruption to reunion routes. We urge the UK and the EU to honour their commitment to the right of refugee family reunion by negotiating an interim agreement in the event of a 'no deal' Brexit. A temporary extension of current arrangements would be the most feasible option."

Another key concern raised by the House of Lords Committee is the potential for Brexit to impact the UK's bilateral relationships with EU Member States, in particular the juxtaposed border controls with France and Belgium.

The Committee says the UK and the EU must continue to work together after Brexit to protect borders and manage regional migration flows across Europe.

The report states: "We support the Government's ambition, as set out in the July 2018 White Paper on the future UK-EU relationship, to establish a new, strategic relationship with the EU on asylum and illegal migration after Brexit. But we are particularly concerned by the conspicuous lack of any reference to future UK-EU asylum cooperation in the November 2018 Political Declaration. Whether as part of any wider association agreement, or a specific cooperation arrangement, it is vital that refugees and asylum seekers are considered in any agreement on the future UK-EU relationship."

Lord Jay of Ewelme, Chair of the House of Lords EU Home Affairs Sub-Committee, said: "The UK has a long and proud history of offering sanctuary to those fleeing conflict and persecution. We must continue to play our part in helping to manage record numbers of forcibly displaced people worldwide, including through continued cooperation with the EU on asylum issues after Brexit.

"While the EU's Dublin System is undoubtedly flawed, it provides a useful and more realistic starting point for negotiating this relationship than trying to create new arrangements from scratch. The overriding objectives of future cooperation should be the reunification of separated refugee families as quickly as possible, and the timely, efficient and compassionate processing of asylum claims.

"The needs of refugees and asylum seekers have received little attention in the wider debate on UK withdrawal from the EU, but it is essential that they are not overlooked. Neither the UK nor the EU should contemplate vulnerable people who have already experienced trauma facing additional suffering as a result of Brexit."

In response to the report, a Home Office spokesperson: told The Times: "The UK has a proud history of providing protection to those who need it and that will not change after we leave the EU."

The Home Office spokesperson added that Dublin system requests relating to family reunification that have not been resolved before exit day would continue to be processed in a no deal situation.