There should be no asylum if you seek to come here without prior permission

January 27, 2022

Lord Green, President of Migration Watch UK, has put forward a change to legislation in Parliament which, if passed, would mean that those coming to the UK without prior permission would not be considered for asylum.

He will tell the House of Lords that the amendment to the Nationality and Borders Bill is needed to greatly ease the burden on the asylum system by stemming fraud and abuse. This change would also help to save lives by deterring deadly journeys in dinghies, lorries and containers.

The news comes as the number of people who were detected coming to the UK in boats since 2018 surpassed 40,000 during the past week.

The number crossing so far this year is approaching six times the total reported in all of January 2021: more than 1,300 compared with 223 (see our Channel Tracking Station), with 183 migrants reaching the UK in seven boats on Tuesday.

Many of those crossing have already been rejected for asylum in EU countries, and the UK has become a magnet for failed applicants from all over the Continent.

By three to one, the UK public want a change in the law that would mean any migrant who came to the country illegally through a 'safe' country should not be able to claim asylum. Sixty-one per cent of respondents voiced support compared with 21 per cent against (June 2021 YouGov poll).

Commenting, Migration Watch UK Chairman Alp Mehmet said:

This is a common sense amendment that seeks to end the absurd situation of all those arriving in the UK without prior permission being permitted to stay by simply claiming asylum.

Note to Editors

Below we enclose the text of Lord Green's amendment (Amendment number 76) mentioned above as well as another being proposed by Lord Green, and co-sponsored by Baroness Neville-Rolfe (Amendment number 151) on age assessments. This latter amendment would place in primary legislation a rule for tighter initial age assessments for asylum seekers and would ensure that, where doubts about the person’s age are raised by initial assessors, applicants will not be placed alongside children in schools or accommodation.

Amendment 76

LORD GREEN OF DEDDINGTON
BARONESS NEVILLE-ROLFE

76:Insert the following new Clause—

“Inadmissibility to the asylum system for those entering the United Kingdom without permission

1. Any asylum application, or human rights claim, by someone who—
   1. has been found to have entered the United Kingdom clandestinely, or
   2. has been intercepted while attemptingto come, without prior permission, to the United Kingdom in a boat or vehicle, must be treated as inadmissible to the UK asylum system.
2. No time limit may be set in immigration rules after which an asylum claim suspected of being, or deemed to be, inadmissible must be admitted to the asylum system for substantive consideration.
3. Asylum claims suspected of being, or declared by the Secretary of State to be, inadmissible under subsection (1) cannot be considered under immigration rules until the individual is removed from the United Kingdom or departs voluntarily.
4. The provision of this section overrides allprior national and international law and should not be interpreted in the light of it, including the 1950 European Convention on Human Rights, the 1951 Refugee Convention and its 1967 Protocol, and the Human Rights Act 1998.”

Member’s explanatory statement

This amendment would expand the definition of “inadmissible” to ensure that any claimant who comes to the UK clandestinely or who has been intercepted while attempting to come in a boat or vehicle without prior permission would be treated as inadmissible to the asylum system.

Amendment 171

After Clause 56
LORD GREEN OF DEDDINGTON
BARONESS NEVILLE-ROLFE

151:Insert the following new Clause— “Age assessments for age-disputed persons: initial assessments of undetermined age

1. An age-disputed person must be treated as an adult where their physical appearance and demeanour strongly suggest that they are over the age of 18.
2. Where the age-disputed person’s physical appearance and demeanour do not meet that threshold, and doubt remains as to their claim to be a child, the person must be treated as being of undetermined age until a further age assessment is carried out.
3. Those of undetermined age must not be placed alongside minors in schools or accommodation.”

Member’s explanatory statement

This amendment would place in primary legislation a rule for tighter initial age assessments for asylum seekers and would ensure that, where doubts about the person’s age are raised by initial assessors, applicants will not be placed alongside children in schools or accommodation

To see all current amendments to the Bill, including Lord Green's (Amendment76 on p. 25, and Amendment 151 on p 49), click here.

To see the full version of the current Nationality and Borders Bill, click here.