The UK government has outlined comprehensive reforms to the asylum system, emphasising temporary protection, streamlined processes, and reduced state support, as detailed in the recent policy paper on proposed UK asylum reforms. The changes, announced by Home Secretary Shabana Mahmood this week, aim to address backlogs and irregular migration while introducing conditional pathways to integration.
The proposals stem from a review of current arrangements under the Borders, Citizenship and Immigration Act 2009 and related frameworks. Some of the headline announcements are as follows:
- Successful asylum applicants would receive temporary leave, renewable every 30 months, with revocation possible if conditions in the home country improve. This approach aligns with models in other jurisdictions, such as Denmark’s two-year permits.
- Permanent settlement would require 20 years of continuous UK residence, extending the existing five-year threshold. A new “work and study” visa category would accelerate this timeline for those demonstrating employment or educational contributions, though family sponsorship rights would be limited to participants in this route.
A stricter approach to refusals and appeals
Refusals and appeals face stricter parameters. The Home Office intends to consolidate multiple appeal grounds into a single process, eliminating subsequent challenges for omitted arguments. A dedicated independent tribunal, equipped with specialist decision makers, would provide initial legal guidance to applicants.
Article 8 and Article 3 amendments
Amendments to the European Convention on Human Rights (ECHR) are proposed: Article 8 protections for family life would apply solely to immediate relatives, such as dependent children or spouses, excluding extended networks, public interest factors would prioritise removal of foreign national offenders or irregular entrants, and Article 3 safeguards against ill-treatment would be refined for proportionality. Under the Modern Slavery Act 2015, late disclosures of exploitation claims would carry reduced weight, with the expectation that relevant details are raised at the earliest stage.
State support provisions would be curtailed significantly. The statutory duty to provide accommodation and subsistence allowances would be lifted, restricting aid to those assessed as destitute and compliant with conditions. Assistance would be withheld from individuals capable of employment who fail to seek work, those with criminal convictions, or applicants resisting removal directions.
Our comments
These proposals are not reforms. Instead, they are a deliberate retreat from the rule of law. Temporary refugee status, endless reviews, and the effective abolition of support will inevitably breach Articles 3 and 8 of the ECHR and expose the UK to a torrent of successful claims, ironically clogging the courts that the government claims it wants to clear. The “one-shot” appeal risks deporting genuine refugees because of legal errors or late emerging evidence. It is most likely that practitioners will need to prepare for a flood of injunctions and judicial reviews.
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