Refugees arriving by boat will not be granted asylum in the UK after Brexit

Those seeking refugee protection in the UK will, for the first time, have their applications assessed. Depending on how they got to the country. If they did so by illegal means, they would not have the right to remain on British soil. This is the cornerstone of the new asylum system unveiled by Boris Johnson’s government on Wednesday in the post-Brexit era. The lines follow those already defined by the new immigration law, with a strict template imposed on the Australian system.

The Home Secretary, Priti Patel, was responsible for presenting in the House of Commons ‘The biggest reform in decades’. The conservative minister, the daughter of immigrants, points out UK ‘overflowing’Therefore, it chose a new ‘fair but resolute’ paradigm.

“If people arrive illegally, they will not enjoy the same rights as those who do so legally, and it will be difficult for them to stay,” he said. “We must put an end to the illegal methods facilitated by the criminals who trade in people to introduce them to methods that often end in death,” he added.

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The aim is to deter the mafia operating in the English Channel, he argued, to prevent human traffickers from exploiting desperate immigrants and endangering their lives. But the new measure caused much controversy. The workers’ opposition claims this Lacks “compassion and competence” Even human rights lawyers question its legitimacy because, in their view, it ignores London’s international obligations under the Refugee Convention.

Under the new rules – to be submitted to public consultation until May 6, after which the call “The Sovereign Boundary Bill-, refugees arriving on British soil by legal means will obtain a permit to reside and live indefinitely. However, those who do so by illegal means, Even if they could get asylum, they would not have the same rights. Instead, they will be granted temporary protection status, which will be reviewed every 30 months. They will not be able to receive social benefits nor the right to bring their families, even though they are allowed to work.

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Likewise, the right to appeal and check the age of minors will be strengthened in order to “prevent unscrupulous people from misusing the system by pretending to be children, by providing more rigorous and accurate age assessments”.

Photo: Priti Patel, UK Home Secretary.  (Reuters)
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Patil also stressed that those who “traveled through a safe country like France to reach here, will not be able to immediately enter the asylum application system, which is what happened before.”

Tensions with the European Union

more than 800 people illegally crossed the English Channel This year, three times more than in the same period in 2020. 8,420 migrants crossed in small boats last year. The Executive Director confirms that many are making the dangerous journey after rejecting the opportunity to seek asylum in European Union countries.

The problem that now arises for Downing Street is that after leaving the bloc, it is no longer part of the Dublin Regulation, so refugees and migrants cannot be transferred to the European Union country that first arrived.

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So far, London and Brussels have not reached any new agreement in this regard. Although Patil indicated that the government was trying to “close bilateral agreements.” “It is important to remember that if you are fleeing persecution, you can apply for asylum in the first safe country you arrive in. France, Germany, Italy, Belgium and Spain are safe countries, but we find that many people come from there to the UK. The European Union also has a duty and a moral responsibility to be part of this solution.

Under the new system that the government wants to implement, criminals who charter boats across the English Channel (between France and England) could face life sentences, and deported migrants with criminal records returning to the UK could be punished with five years in prison, starting with the current maximum of six months.

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Send them to Gibraltar?

On the other hand, in an interview with Sky News, the minister did not deny information published in recent days by local media that indicates that the executive is making a random arrangement. Sending asylum seekers to other regions while their claims are being examined. Destinations included Gibraltar, the British Overseas Territory, and the Isle of Man, which is part of the British Crown.

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The Minister of Interior added, “All the time when people are trafficked through illegal means, we, as a government, have a duty and responsibility to consider all options, and this is the purpose of our consultation.” He added that “countries such as Denmark are already exploring options such as these and we will continue the bilateral evaluation of ways to expel people who came to the United Kingdom illegally.”

In response to the journalist’s questions, Patil did not rule out the openness of Gibraltar. But Principal Minister of Rock, Fabienne Picardo, was quick to publish a statement that he was “extremely comfortable” to receive a “guarantee” from the minister herself that “Gibraltar was not even considered part of any plan.”

“This clarification is very useful and will end speculation that Gibraltar could have been considered for purposes of litigating asylum seekers in the UK. The circumstances of Gibraltar prevent us from providing assistance, as part of the British family of nations, in this regard.” The statement added, “I look forward to meeting the British Home Secretary. In London when the travel restrictions are lifted. ”

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Last week, when details of the new asylum system began to leak into the local press, Picardo actually wrote to Downing Street to remind him that “issues relating to immigration to and from Gibraltar are the responsibility” of the ministers of rock, in accordance with the 2006 constitution.

Gibraltar is always ready to help the United Kingdom as part of the British family of nations. We play an important role in defense matters and are ready to consider any other way in which we can work with the UK. However, our geographical location makes some aspects difficult, and dealing with asylum seekers’ cases in the UK in Gibraltar would be one of them. ”

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“Outsourcing” of the refugee administration

The British Executive believes that sending migrants to third countries for processing would be compatible with the European Convention on Human Rights, to which it still belongs regardless of Brexit. However, experts warn that while there is no law expressly prohibiting the transfer of people to a third country, it would undoubtedly be a controversial measure and would certainly require “judicial review in this regard.”

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In the past year, Downing Street has already ordered State Department officials to investigate the construction of detention centers to treat asylum seekers in countries such as Moldova, Morocco or Papua New Guinea. These sites are rejected for being unrealistic. Other options considered included converting abandoned aircraft carriers into processing centers, which is considered to be the case “Inhumane,” according to various NGOs.

The government says Britain’s “generous” asylum system is on the verge of collapse, with 109,000 applications pending, due to the fact that legitimate applications are joined by people who arrive “via illegal parallel routes”.

The opposition Domestic Labor spokesman Nick Thomas Symond attributed this delay to “ Bad management of executive power He added that the new measures “will do nothing” to dismantle organized networks. For his part, the director of the Refugee Council, Enwar Solomon, criticized that the authorities want to differentiate between migrants “on the basis of the road through which they arrive,” while Tim Naor of the Action for Refugees organization considered: ‘Cruel and heartless’ The proposals.

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