The Impact of the Illegal Migration Act 2024 on Asylum Seekers

In this blog, we have discussed the impact of the Illegal Migration Act 2024 on Asylum seekers in the UK. Prime Minister Rishi Sunak’s government introduced the Act, the objective of the act was to address the issue of an increasing number of illegal migrants in the UK. The Act represents the rejection to the UK stance on asylum seekers and refugees. Some analysts consider it a violation of the International Human Rights obligations.

Background of the Illegal Migration Act 2024

The UK was considered a safety destination by asylum seekers and refugees who flee from their countries to protect their lives. In the last decade, we have experienced multiple conflicts in the Middle East and African countries which increased the number of migrants from these
regions in the UK. To control the influx of migrants the UK government took serious steps to prevent illegal entry and people from making dangerous journeys. The Illegal Migration Act 2024 is the extended version of legislation such as the Nationality and Border Act of 2002 which was considered an initiative to prevent people from countries such as Rwanda entering in UK. In this controversial act, any person irrespective of the circumstances would be refused to seek asylum in the UK.

Key Provisions of the ACT

1. Ineligibility of the Asylum

If a person enters in UK illegally, he/she would be ineligible to apply for Asylum. This was a significant refusal of the UK’s past asylum policies which allowed people to flee without documentation from their home countries if they haver fear of prosecution. According to the
current ACT, the people who used improper ways to enter in UK would not be able to apply for asylum. Such legislation would discourage people from using improper migration routes to enter in UK.

2. Detention and Deportation

The ACT mandates that any individual who enters the UK illegally would be detained for up to 28 days and then the government would seek to arrange whether to deport the person to the home country or a designated safe country such as Rwanda. Such a person does not have a right to appeal against the order. The ACT has been criticized as it prevents people from accessing justice.

3. Lifetime ban

The lifetime ban in the UK is a serious provision that forbids a person for a lifetime to enter or settle in the UK even with proper documentation. The government supports this legislation by stating that it has removed every kind of incentive for people to enter in UK unlawfully or using any kind of improper channel.

Read Also: New Government, New Immigration Policies

Human Rights Concerns and Legal Challenges

The Act is openly criticized by international and domestic legislative and human rights bodies. The Act is a refusal of obligation imposed by the Refugee Convention and the European Convention on Human Rights.

1. Open Violation of the Refugee Convention

The Act is a full violation of the 1951 Refugee Convention, to which the UK is also a signatory. According to the 1951 Refugee Convention, every individual has a right to seek protection and asylum in any country if they flee from their home country due to the fear of prosecution because of race, religion, nationality, and association with any minority group. The 2024 Asylum Act is an open violation of the Refugee Convention Act which prevents people from entering in UK.

2. Violation of the European Convention on Human Rights

The UK is a prominent stakeholder in the European Convention which states that every individual should have the right to a fair trial and access to justice. Implementation of such an Act is an open violation of the European Convention on Human Rights.

3. Impact on the UK international Reputation

The UK has a rich traditional culture of protecting and supporting people on humanitarian grounds. In the past UK was considered to be a vocal advocate of refugee crises, especially after the Refugee Convention. The act has damaged the reputation of the UK and raised questions
about UK policies regarding human rights.

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