The New Plan for Immigration in the UK
Young Roots believes that the Government’s New Plan for Immigration - announced in March 2021 - will have serious negative consequences for the young refugees we support now and in the future.
The plans are far reaching, and the consultation period is short. The consultation document is only produced in English and Welsh, so it is difficult for many refugees and asylum seekers to respond to individually.
Young Roots’ Concerns with the New Plan for Immigration
Refugees to be treated differently depending on how they arrive in the UK
The asylum claims of people will be treated differently depending on how they arrive in the UK. Those arriving through ‘irregular’ routes, such as on boats, will be treated much more harshly.
Why we are concerned: a person’s route of entry to the country has no bearing on their need for protection, or their rights to fair treatment. Most of the young refugees that Young Roots supports have come to the UK through dangerous ‘irregular’ routes.
Fleeing your country because of war, human rights abuses like torture, or because of your identity (for example being gay in countries where this is illegal) is frightening and complex. Many children and young people we support come to the UK because they have friends or family here, and because they know of the country and language due to deep colonial ties between the UK and their country. The UK also has a reputation for upholding law and human rights – something deeply desired by those experiencing the chaos of war and abuse. It is extremely difficult, if not completely impossible, to access safe and legal routes to the UK. There is no obligation under the Refugee Convention to claim asylum in the first safe country someone reaches.
Asylum reception centres
Those arriving through ‘irregular’ routes, such as on boats, will be held in asylum reception centres whilst attempts are made to return them to a ‘safe’ country.
Why we are concerned: Young Roots has direct experience of supporting young refugees in ‘contingency hotels’, and there is widespread evidence that the use of these hotels and the use of ‘barracks’ is deeply damaging for those seeking asylum, and very isolating. Nearly all the young people we support have issues with their mental health with many suffering from Post-Traumatic Stress Syndrome. We believe that this institutional accommodation is further detrimental to mental health.
Temporary Protection Status for refugees
After six months, those who haven’t been able to be returned to a ‘safe’ country, will still not be able to apply for refugee status or humanitarian protection. They will instead be considered for ‘Temporary Protection Status’. This lasts for a maximum of 30 months. During this time, rights are restricted so that people have ‘no recourse to public funds’, so can’t claim any benefits. Like other asylum seekers, they can’t work. The intention of the Government will be to return people back to their home country or a third country after 30 months.
Why we are concerned: the mental health strain of living with such uncertainty, and such temporary status, will be unbearable for many and certainly hinder integration into society. We believe it will lead to further mental health illness for many young refugees who we support. We are concerned that, as a consequence, many will be forced into destitution.
Changes to ‘well-founded fear of persecution’ test
There is an intention to strengthen the test for what constitutes a ‘well-founded fear of persecution’ (the standard that international law indicates someone’s refugee status).
Why we are concerned: the systematic, historical failures of Home-Office decision making are well documented. The process is already extremely complex, with various stages including screening and a substantive interview. It is problematic for the young people we support, particularly those with PTSD who find it difficult to recount their traumatic experiences in the ways demanded. There is no evidence presented or good reason to make the test for a ‘well-founded fear of persecution’ stronger.
Age assessment process for young refugees
The age assessment process will allow front line immigration officers and other non-social work staff to make an assessment of someone’s age. ‘Scientific methods’ of age assessment will be part of the process. The Government is ‘exploring’ treating anyone who looks ‘significantly over 18 years of age’ as an adult (rather than at the moment, anyone who looks over 25). The right to challenge age assessments is also being reviewed.
Why we are concerned: The age assessment process is extremely stressful for the young people we support. Not believing someone’s age is a hugely damaging to a young person’s identity. Our experience is that after much trauma, stress and difficult journeys, young people can sometimes appear older than 18. Our experience is that children are often wrongly assessed to be over 18 (even on the current ‘over 25’ process), creating significant safeguarding issues for them. We have supported a significant number of children wrongly assessed as adults, who have been placed in unsuitable housing and unsafe situations with adults. Many of these children have successfully challenged their assessed age. Age assessments are notoriously complex and there is no proven scientific way to assess a person’s age. We are very concerned about these proposals and that people without social work training would be able to make these complex judgements.
Appeals Process for refugees
There is a proposal to change the appeals process, and in particular develop a new ‘one-stop process’ where refugees claiming any form of protection have to bring ‘all relevant matters’ at the beginning of the process.
Why we are concerned: in our experience, young people experiencing trauma often cannot provide all information at the beginning of a process. In addition, not having the right legal representation can mean poor advice on what is needed at the beginning of a process. It can also be difficult to locate all documents immediately.
Family reunion
Although the Government’s plan talks about increasing ‘safe and legal routes’ for those seeking asylum in the UK, one of the most significant safe and legal routes, via family reunion is denied to those coming through ‘irregular’ routes.
Why we are concerned: all refugees should have equal access to family reunion. These proposals leave families separated by war, human rights abuses and persecution facing the impossible decision of making a dangerous, difficult journey, or to be separated indefinitely from their family.
What action will Young Roots take?
Young Roots believes that the UK asylum system and support for young refugees and asylum seekers needs fundamental reform. However, we believe that the proposals from the Government will be worse for the young people we support than the current arrangements.
We are members of the Asylum Reform Initiative - at the origin of Together with Refugees - and many networks that are working towards a positive vision for supporting refugees and asylum seekers in the future. We believe that
everyone has the right to seek protection in the UK or another country if they are at risk of harm, and that the UK should be welcoming and respectful to those who arrive here.
while people are seeking safety, they should be treated with dignity and respect.
any reform of the asylum system needs to take into account a full consultation and a deep understanding of the process and its current impact on those seeking asylum.
As an organisation we will be responding to the consultation by 6 May 2021, and working with others to respond to the Sovereign Boarders Bill in the summer. Please follow our social media accounts to find out more, and how you can get involved.
If you would like to respond to the Government consultation as an individual by 6 May, here is the link: https://www.gov.uk/government/consultations/new-plan-for-immigration
Here are some links that you might also find useful from other organisations:
Lessons not learned: The failures of asylum decision-making in the UK https://www.amnesty.org.uk/guide-governments-immigration-and-asylum-consultation
