Nationality And Borders Act 2022: Asylum Seekers

Published date21 June 2022
Subject MatterImmigration, General Immigration
Law FirmRichmond Chambers Immigration Barristers
AuthorMs Kareena Talwar

The new Nationality and Borders Act 2022 was enacted on 28 April 2022. This article will summarise some aspects affecting asylum seekers.

The following topics will be discussed in this article in relation to the Nationality and Borders Act 2022:

  • Differential treatment of refugees
  • Increasing the standard of proof for finding persecution
  • Late evidence submission

The Secretary of State has expressed the Act's motivations to ensure 'a fair but firm immigration system', aim to overhaul 'our decades-old, broken asylum system' and prevent criminals from smuggling individuals into the UK. The government have defined their objectives to:

  • Increase the fairness and efficacy of our system so that we can better protect and support those in genuine need of asylum.
  • To deter illegal entry into the UK, thereby breaking the business model of people smuggling networks and protecting the lives of those they endanger.
  • To remove more easily from the UK those with no right to be here.

Applying as a refugee

To be recognised as a refugee, those seeking asylum must satisfy the requirements set out in paragraph 334 of the Immigration Rules:

  1. they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
  2. they are a refugee, as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
  3. there are no reasonable grounds for regarding them as a danger to the security of the United Kingdom;
  4. having been convicted by a final judgment of a particularly serious crime, they do not constitute a danger to the community of the United Kingdom; and
  5. refusing their application would result in them being required to go (whether immediately or after the time limited by any existing leave to enter or remain) in breach of the Refugee Convention, to a country in which their life or freedom would be threatened on account of their race, religion, nationality political opinion or membership of a particular social group.

Differential treatment

The Nationality and Borders Act has created a two tier system where asylum seekers may be treated differently based on their actions.

Group 1 refugees are classed as those who enter the UK via lawful means, and Group 2 are those who enter the UK via irregular routes. An example of an irregular route may be by crossing the Channel via a small boat.

Group 1

Group 1 refugees are those that arrive in the UK:

  1. directly from a country or territory where their life or freedom was...

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