Brief new 10-page statement clarifies places and circumstances in which an asylum application 'may be properly made'
The Home Office has today published a new statement of changes to the Immigration Rules
Image credit: UK GovernmentIt is a relatively brief, but significant 10-page statement and you can access it and the accompanying explanatory memorandum from here (the statement itself can be downloaded here).
The explanatory memorandum states:
"This instrument amends the Immigration Rules that are used to regulate people's entry to and stay in the United Kingdom. The detail of the changes being made is included in section 7 of this Explanatory Memorandum, but in summary, the changes will:
• Clarify the places and circumstances in which an asylum application may be properly made.
• Enhance our capacity to treat as inadmissible to the UK asylum system asylum claims made by those who have passed through or have connections with a safe third country.
• Amend the Visitor rules to allow international drivers to perform cabotage operations (collecting and delivering goods and passengers within the UK as part of an international journey) and allow payment from a UK source for doing this activity."
The changes take effect from 11pm on 31 December 2020.
On the changes made to asylum applications and safe third countries, the memorandum explains further:
"In broad terms, paragraphs 345AC-345D, as will apply from 1 January 2021 if we make no changes, provide a means to treat as inadmissible to the UK asylum system the claim of someone who has travelled through or has a connection to a safe third country; this will include individuals coming from EU Member States.
"However, as currently drafted, they allow claims to be treated as inadmissible only if the asylum applicant is accepted for readmission by the third country through which they have travelled or have a connection. A stronger approach to disincentivise individuals is needed to deter claimants leaving safe third countries such as EU Member States, from making unnecessary and dangerous journeys to the UK.
"The changes separate the readmission requirement from the inadmissibility decision, allowing us to treat applicants as inadmissible based solely on whether they have passed through one or more safe countries in order to come to the UK as a matter of choice. They will allow us to pursue avenues for their removal not only to the particular third countries through which the applicant has travelled, but to any safe third country that may agree to receive them."
Colin Yeo, Garden Court barrister and Free Movement editor, said in response on Twitter: "On the face of it, this change to the Immigration Rules looks like a serious breach of the Refugee Convention: declaring asylum claims inadmissible if pass through a 'safe' country without even assessing them."
Yeo later added: "the policy is pointless because the govt has negotiated no such return agreements, so all it does is delay decisions on all claims, which is cruel to genuine refugees, and delay removal of non genuine cases."