ICHG Advocacy statement: The Nationality and Borders bill
The UK was one of the founding signatories of the 1951 Refugee convention, an instrument which has protected the rights of refugees around the world ever since. This now risks being undermined by the legislation in the Nationality and Borders Bill which creates a 2 tier system and effectively criminalises refugees based on their mode of arrival.
We are gravely concerned about plans for offshoring of asylum claimants given the very poor track record of similar schemes such as in Australia. Offshore processing had profoundly negative consequences on mental and physical health of children and adults, in addition to being extremely expensive. Children have not explicitly been excluded from the plans for offshore processing, but more importantly no refugees should be subject to such a scheme. It would have severe consequences for refugees seeking protection in the UK and also sends a profoundly negative signal to other countries who accept far more refugees, ultimately weakening international solidarity and collaboration on refugee protection.
We share the concerns laid out by the RCPCH on the use of inappropriate methods of age assessment and support the request for safeguards including the requirement to seek scientific advice on appropriate methods of age assessment.
We are also concerned that the original bill restricts the right to family reunion for certain refugees thus undermining the right to family life. This would then increase the likelihood of family members (particularly women and children) taking dangerous routes to rejoin relatives in the UK. We are encouraged by the government’s decision to widen family reunion for Ukrainian refugees, and see no reason why the same rules cannot be applied to refugees from anywhere else in this bill.
In particular, we urge parliamentarians to:
Vote to support the Lords’ amendment to remove the criminalisation of refugees based on their mode of arrival (clause 11) which undermines the Refugee Convention
Vote to support the Lord’s amendment to remove plans for offshore processing of refugees (clause 28)
Vote to support Lord Dubs’ Amendment to open a safe route for refugees, including unaccompanied refugee children, to join families already living in the UK
Remove differential treatment of refugees by their place of origin
Ensure the age assessment process for unaccompanied children seeking asylum retains safeguards and is based on scientific advice and best practice
Thank you,
International Child Health Group of the Royal College of Paediatrics and Child Health