The Law Show

How tough are the UK's asylum laws?


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The Home Secretary Shabana Mahmood’s Restoring Order and Control policy is underway. It's based - in part - on measures carried out in Denmark which cut asylum claims there to a 40 year low.

From now on in the UK, people granted asylum - refugees - will face a review every two and a half years. If their country of origin is regarded as safe, they may be encouraged, or even forced, to go back.

There are lots of other changes. If someone is refused asylum, they’ll only be allowed a single appeal. If an asylum seeker breaks the law, works illegally or can financially support themselves, they’ll lose their benefits or accommodation.

Alongside the asylum reforms, there are also major changes to settlement in the UK, affecting both refugees and people on work and study visas. From now on, they will have to wait at least 10 years before they can obtain indefinite leave to remain, which means they can settle in the UK without restrictions.

You may be forgiven for thinking -"these are pretty big changes, I don’t recall there being a big debate in parliament or any votes?" And you’d be correct. This was all done through secondary legislation, meaning that it’s a change to existing rules.

But what are the possible legal battles for the government as it tries to introduce some of the toughest asylum laws in Europe?

Presenter: Dr Joelle Grogan

Editor: Tom Bigwood
Producers: Ravi Naik and Charlotte Rowles

Contributors:

Dr Peter Walsh, Senior Researcher and lead on asylum at the Migration Observatory at the University of Oxford
Catherine Barnard, Professor of European Law at the University of Cambridge
Baroness Levitt, Family Justice Minister

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