Illegal Migration Bill Risks Breaching International Rights Obligations: UK Watchdog

An inflatable craft carrying illegal immigrants crosses the shipping lane in the English Channel off the coast of Dover, England, on Aug. 4, 2022. (Dan Kitwood/Getty Images)

The Illegal Migration Bill risks breaching the UK’s international obligations to protect human rights and exposes people to serious harm, the Equality and Human Rights Commission (EHRC) has warned.

The bill—which has its remaining stages in the House of Commons on Wednesday—is aimed at clamping down on illegal immigrants reaching the UK by crossing the English Channel in small boats.

It aims to ban anyone who arrives in the UK illegally from claiming asylum. If it becomes law, illegal entrants will be swiftly removed from the UK to their home country or a safe third country like Rwanda, and will be banned from reentry.

The bill would also enable powers to be granted to detain immigrants for 28 days without recourse for bail or judicial review, and then indefinitely for as long as there is a “reasonable prospect” of removal.

In a statement issued on Monday, the EHRC said the bill “risks breaching international obligations to protect human rights and exposing individuals to serious harm.”

The watchdog said: “Provisions providing for the detention of children and pregnant women and removing protections for victims of trafficking and modern slavery are particularly worrying.”

But it welcomed the government’s commitment to increase safe, regular routes to the UK for those in need of asylum, and recommended that “these are brought forward alongside the bill.”

‘Not a Valid Policy Response’

The legislation was also criticised on Monday by a committee of the Council of Europe.

The Council of Europe Parliamentary Assembly’s Committee on Migration, Refugees and Displaced Persons said: “The right to seek asylum is a fundamental right. If passed, the Illegal Migration Bill would deny protection to asylum seekers who entered the UK unauthorised, including victims of trafficking.”

It added: “The provisions of this Bill are a wilful distortion of core U.N. and European conventions which the UK itself contributed to designing.”

The committee expressed “immense concern” over a UK government-proposed amendment to the bill announced last week, which said the government will be able to ignore injunctions issued by the European Convention on Human Rights (ECHR).

It said: “The repeated legislative changes in the UK are resulting in removing much-needed protection for refugees and victims of trafficking, severely disrespecting fundamental human rights standards. Such measures are not a valid policy response to the issues at stake.”

Downing Street has defended the legislation against the criticisms.

The prime minister’s official spokesperson said on Monday: “We cannot allow a system to continue which incentivises people to risk their lives and pay people smugglers to come here illegally.

“We cannot have a system which is unfair to the thousands of people who are coming here through safe and legal routes who see their positions usurped by those who come here illegally who are sometimes not as vulnerable as they are.”

‘Stopping the Boats’

According to Home Office figures, 45,755 illegal immigrants arrived in the UK by crossing the Channel in 2022.

Out of the 43,794 who had their nationality recorded, 28 percent were Albanian nationals and 20 percent were Afghan.

More than 5,500 illegals have already arrived in the UK by crossing the Channel this year.

Out of the 3,793 illegal small boat arrivals between January and March, 909 were Afghans (24 percent), making this the most common nationality. This was followed by Indians (657, 18 percent). Just 29 Albanians made the crossing during this period.

Prime Minister Rishi Sunak has made “stopping the boats” one of his five priorities, and has said he is “determined to deliver” on his promise.

Announcing the legislation on March 7, Home Secretary Suella Braverman said it would “betray” British voters not to tackle illegal Channel crossings.

She said the new legislation will remove asylum seekers and ban them from reentry if they arrive in the UK through illegal means.

The bill also allows the detention of illegal arrivals without bail or judicial review within the first 28 days of detention, until they can be removed.

Only children under the age of 18 and those who are “unfit to fly or at a real risk of serious and irreversible harm—an exceedingly high bar—in the country we are removing them to will be able to delay their removal,” Braverman said.

At the centre of the government’s plan is its agreement with Rwanda—signed by then-Home Secretary Priti Patel in April 2022—under which people who have arrived in the UK illegally would be sent to the East African country on a one-way ticket for processing and potential settlement.

The Rwanda scheme has been mired in legal challenges, and so far, no flights carrying illegal immigrants to Rwanda have departed.

In a victory for the government, the High Court in London ruled on Dec. 19 in favour of the Rwanda plan, saying it was “lawful.”

However, the opposition Labour Party has said it would drop the Rwanda policy if it wins the next general election.

PA Media contributed to this report.