Stone King Partner and head of Immigration Julie Moktadir sets out some of its key features.
She says:
“Key features of the Bill include allowing for the ‘differential treatment of refugees’ depending upon how they have arrived in the UK, including limiting periods of leave to certain refugees, family reunion rights, access to benefits and conditions upon settling in the UK.
“The Bill also looks to allow some asylum claims to be declared ‘inadmissible’ where an asylum seeker has a connection to a safe third country. Whilst the intention is to create fairness for those fleeing persecution and the tax payer, others have argued that it will potentially worsen the existing issues with the asylum system and may lead to increased uncertainty and subsequently litigation.”
Julie concludes: “Clause 37 has caused concern to many organisations involved with refugees. This is because it appears that any asylum seeker knowingly arriving without entry clearance or entering the UK without leave to enter will have committed an offence. Further, an individual can now commit an offence if they knowingly facilitate the arrival or the attempted arrival in, or the entry or attempted entry into, the UK of an individual and they know or have reasonable cause to believe that the individual is an asylum seeker. This does mean that any individual who is trying to assist asylum seekers in the Channel, such as with rescue boats, could be committing a criminal offence.”
The Bill had its second reading in the House of Lords on 5 January 2022.
If you have any questions on the Nationality and Borders Bill or require legal advice, Julie can be contacted on 0800 111 4336 or at JulieMoktadir@stoneking.co.uk
Stone King is at Bateman House 82-88 Hills Road in Cambridge.