17 August 2023

In July 2023, we saw the Government’s asylum ban become law in the so-called ‘Illegal’ Migration Act. But another series of important changes may have passed under the radar.

That same week, the Home Office introduced new changes to the immigration rules. It covers updates to some work visas and an extension of the Ukraine resettlement scheme. It also includes very concerning changes to someone’s right to claim asylum.

We know the asylum system in the UK is deeply broken, as the Government continue failing to process claims, leaving families in limbo while their lives hang in the balance. At the end of 2022, 166,300 people were still waiting for a decision – twice the number in 2020.

Rather than process claims responsibly, the Government have simply made it easier to withdraw someone’s asylum claim.

Implicit withdrawal

With the new changes, the Government can now treat an asylum claim as implicitly withdrawn if the person “fails to maintain contact with the Home Office or provide up to date contact details” or “fails to attend any reporting events”.

When the Home Office treats an asylum claim as “implicitly withdrawn” it has the same effect as if a person had written to the Home Office to say they now consider they would be safe in their country of nationality and can be returned there. They have no protection against detention or removal and no entitlement to support.

Given the obvious gravity of that decision, previously a claim can only be treated as implicitly withdrawn if “an applicant leaves the United Kingdom without authorisation at any time prior to the conclusion of their application for asylum, or fails to complete an asylum questionnaire as requested by the Secretary of State, or fails to attend the personal interview”.

Now, someone can have their asylum claim thrown out simply if they fall out of contact with the Home Office without them even knowing and even if the problem is beyond their control.

Putting lives at risk

The Home Office is notorious for poor record-keeping, with life-altering consequences as we saw with the Windrush scandal. A recent report from the Independent Chief Inspector of Borders and Immigration found record-keeping and data collection "inexcusably awful". Ministers don’t even know how many children have come to the UK to seek safety.

Not to mention, many letters inviting people to interview get lost in the post, meaning people can “fail” to attend an interview or to report because they never received the notice in the first place.

We also know that as the Government continue to deny sustained support for people seeking asylum, moving people from town to town from one unsuitable housing to another. Some may end up homeless in the process.

Once their claim is implicitly withdrawn, a person could challenge it by judicial review. But as the Government underfund legal aid, finding a lawyer to do this is difficult. If that fails, the only option is to prepare a fresh claim – a lengthy process that not everyone will be able to do.

Withdrawing life-saving asylum claims over something so trivial like a postal error seems unjustifiable in itself. Taken with other anti-refugee policies, like the unlawful Rwanda plan, this means anyone whose claim is withdrawn could be detained and deported to countries where their lives may be at risk.

Support and safety

Behind each claim are individuals and families who are in need of safety and protection, which the UK is under international obligation to provide. However, we frequently meet people seeking asylum who have been forced into destitution, as well as people who have been held in immigration detention due to wrongful implicit withdrawal of their claim.

A Refugee Action report highlights that every day, “people in the asylum process experience destitution, exclusion, and stigmatisation. The current asylum system dehumanises and damages many of those who go through it.”

These recent changes will only worsen existing problems, leading to more families and children suffering at a time they need support the most. We cannot let this continue. The solution is clear: we need a safe, accessible, and effective asylum system now.