Background
Many of the provisions contained within the 2006 Act implement measures outlined in the Government’s five year strategy on asylum and immigration, Controlling our borders: making migration work for Britain, published in February 2005. Most of the sections relate to non-asylum immigration issues, including restricting appeals for people refused entry into the UK to work, study or join family, introducing a new points based immigration system and measures to tackle illegal working. However, the 2006 Act also includes measures that have a significant impact on asylum seekers and refugees in the UK.
Appeals
As part of the Government’s five year strategy, from 30 August 2005, people recognised as refugees under the 1951 Refugee Convention are no longer granted indefinite leave to remain. Instead of being allowed to settle permanently in the UK, refugees are given limited leave to remain for five years. When this period of leave expires, their status will be subject to an active review to determine whether they still have protection needs. Such a change does not require primary legislation. Section 1 introduces a right to appeal against the withdrawal of refugee status for applicants allowed to stay in the UK on other grounds. It also allows the Home Secretary to list categories of cases that may have a right of appeal against revocation of leave. However, there is no direct mention of humanitarian protection or discretionary leave.
Fingerprinting
Section 29 of the 2006 Act allows the Immigration Service to give as little as three days’ notice to asylum seekers to attend an appointment for fingerprinting. This is a reduction on the seven day notice period which still applies to other groups of immigrants including overstayers. Failure to attend an appointment at the required time can result in an asylum seeker being categorised as noncompliant and their asylum claim being refused.
Extension of Convention exclusion reasons
Section 54 of the 2006 Act extends the grounds on which the Government can exclude people from protection under the 1951 Refugee Convention based on the definition of terrorism provided by the Terrorism Act 2006. New offences contained within the Terrorism Act are so broad that engaging in any political opposition movement could be perceived as an act of terrorism, thereby putting any political refugee at risk of being denied protection in the UK.
Section 4 support
Section 43(1) of the 2006 Act allows local authorities to make accommodation available to refused asylum seekers at the end of the asylum process under Section 4 of the 1999 Act. It simultaneously excludes asylum seekers receiving Section 4 support from protection under existing eviction and housing laws. Section 43(7) extends the Home Secretary’s powers to issue vouchers to refused asylum seekers under Section 4 of the 1999 Act to cover the cost of essential items such as nappies, prams and razors. However, this section prohibits the provision of cash to asylum seekers receiving Section 4 support. These provisions require secondary legislation to be enforced.
Withdrawal of support from unsuccessful asylum seekers
Section 44 of the 2006 Act enables the Secretary of State to repeal (by order of Parliament) Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which gave the Home Office the power to withdraw support from families at the end of the asylum process. As of April 2007, the Home Secretary was awaiting the outcome of an evaluation of the Section 9 pilot before making any amendments to the provision.
Integration loans
Section 45 of the 2006 Act enables integration loans to be made available to refugees who have been given limited leave to enter or remain as well as other classes of migrants approved by the Home Secretary. Regulations to implement the scheme were laid before parliament in February 2007. People with refugee status or humanitarian protection are eligible – those with discretionary leave are not.
Detention
Section 46 of the 2006 Act places a statutory duty on HM Inspectorate of Prisons to inspect short-term holding facilities and escort arrangements, in an attempt to address the mistreatment of detainees in transit and the conditions in which immigration detainees are held on a short term basis. The Inspectorate used to do this on a voluntary basis. This is now a matter of law.
Section 59 exempts detained persons from the national minimum wage. This means that, unlike people held in prisons, immigration detainees undertaking work in detention centres do not have to be paid the minimum wage.
Cancellation of leave and removal
Section 47 of the 2006 Act provides that the Home Office may take a decision to remove someone from the UK during a period of continuing leave. Section 48 sets out that people’s leave to remain or enter will be invalid when the Home Office notifies them of this decision.
While people subject to such a decision will have the right to appeal against it, they will be required to do so while being in the UK unlawfully and therefore without any access to benefits or work. These measures will have the effect of requiring appellants to break the law in order to exercise their lawful right to appeal against a decision to remove them.
Increased border controls
Sections 27 to 42 of the 2006 Act extend existing powers and create new powers to strengthen the UK’s border controls.
These include:
- increased use of biometric data and fingerprinting
- extended powers to demand passenger, service and crew information from aircraft and ships entering or leaving the UK
- increased retention and sharing of information between border agencies, the Immigration Service, police and HM Revenue and Customs
