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By Daisy Robinson
What is the current global refugee population?
At the end of 2019, 29.6 million people were classed as refugees, 50% of which were children, and 2/3 of them coming from just 5 countries: Syria, South Sudan, Myanmar, Afghanistan and Venezuela. There is no such thing as an illegal refugee as everyone has the right to apply for asylum and remain in a country until their claim has been processed.
Why are refugees currently in the news?
On August 6th 2020, a record number of 235 refugees arrived in the UK after crossing the English Channel in a small boat. Whilst most incoming refugees to the UK are traveling from camps in Northern France, most originally hail from Iran and Iraq. Refugees crossing the English Channel are not a new occurrence, but the number of small boats crossing has increased over the last few years. In response to this, Home Secretary Priti Patel has revealed plans to use the navy to intercept this crossing and protect UK borders, which has been warned as an unlawful decision.
Are the refugees arriving in the UK doing so illegally?
It is not illegal to cross the English Channel in a private boat. Even if refugees are not directly travelling from their country to a safer country, such as the recent case from France to England, they are not legally obligated to stay in the first country they arrive in (as recognised by the 1999 Immigration and Asylum Act). Furthermore, most refugees arrive in the UK as a result of people smugglers who they have paid out of desperation to escape their country. These smugglers often determine the final destination of the refugees, so the refugees themselves may be unaware of the countries they have already passed through.
The act of people smuggling is illegal. However, for a person to legally claim asylum, they must enter the UK. As there is currently no legal way to enter the UK for this specific purpose, Article 31 of the UN Refugee Convention recognises that people cannot be penalised for entering a country illegally as long as they “present themselves without delay to the authorities and show good cause for their illegal entry”.
What are the UK’s legal obligations to rescuing refugees?
The United Nation Convention of the Law of the Sea (UNCLOS) requires ships to attempt to rescue people in danger at sea, such as refugees in overloaded boats. Therefore, the UK cannot legally prevent vessels from doing this. Furthermore, UNCLOS Article 98 requires coastal states to ‘… promote the establishment, operation and maintenance of an…effective search and rescue service regarding safety on and over the sea’, so the UK should provide this in order to safely respond to refugees in distress.
When refugees are rescued, the country the rescue ship belongs to is responsible for upholding the human rights of those on board, both at sea and when they reach land. They are also responsible for finding a safe port, as required by International Law and Rescue of Refugees by Sea.
How does the UK currently support refugees?
Currently the UK hosts 0.26% of the global refugee population, compared to 85% living in developing countries. This is partially because of a complex system that rejects 46% of claims and asks for evidence that people seeking asylum can rarely provide. Furthermore, whilst awaiting the outcome of their application, asylum seekers are not permitted to work and are given £5.39 a day to survive on. For those hoping to reunite with family in the UK, there is a both a lack of legal support for families and technicalities on how family is defined.
For asylum seeking children, the UK Home Office has been subject to criticism for their abuse of the Merton Compliant Age Assessments. They are used by local authorities to judge the age of a child before providing them with any support. As refugees often arrive without identification documents, these age assessments should be carried out by a professional over time. However, Greater Manchester Immigration Aid Unit have identified many disturbing cases of young people wrongly being deemed adults, sometimes after simply looking at them. Evidence of children being attacked and bullied after being placed in adult detention centres has been brought to courts in 2019. Despite this, the Home Office is yet to be held fully accountable for these inconsistencies.
By Daisy Robinson
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