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| Asylum and Migration Act | |
|---|---|
| Name | Asylum and Migration Act |
| Jurisdiction | United Kingdom |
| Status | In force |
| Introduced by | Home Secretary |
| Date enacted | 2016 |
| Keywords | asylum, immigration, Refugee Convention |
Asylum and Migration Act
The Asylum and Migration Act is United Kingdom legislation enacted to reform immigration law and refugee law by altering procedures for asylum applications, detention, and removal. It followed debates involving the Home Office, the Supreme Court of the United Kingdom, and the European Court of Human Rights, and it interacted with obligations under the 1951 Refugee Convention and the European Convention on Human Rights. The Act drew responses from organizations such as Amnesty International, the United Nations High Commissioner for Refugees, and the Refugee Council.
The Act emerged after high-profile events including the Calais Jungle clearance, the Mediterranean migrant crisis, and rulings such as R (on the application of ZAM) v Secretary of State for the Home Department that framed debates about detention and removal. Parliamentary scrutiny occurred in both the House of Commons and the House of Lords, with contributions from MPs associated with the Conservative Party, the Labour Party, and the Liberal Democrats. International pressure involved the European Union institutions, the Council of Europe, and NGOs like Save the Children and Oxfam. Academic analyses in journals tied to Oxford University, Cambridge University, and the London School of Economics informed committee evidence.
The Act amended statutes including the Immigration Act 1971, the Nationality, Immigration and Asylum Act 2002, and provisions linked to the Human Rights Act 1998. It introduced changes to asylum claim processing, accelerated procedures modeled on policies in Germany, enhanced powers for detention comparable to measures in France and Italy, and new rules on family reunion influenced by precedents from the European Court of Justice. The legislation set thresholds for eligibility tied to exclusions under the 1951 Refugee Convention and introduced administrative sanctions reflecting practices discussed in reports by the United Nations and the International Organization for Migration.
Implementation involved the Home Office, operational agencies such as UK Visas and Immigration, and service providers including charities like the British Red Cross. Operational centers in locations from Dover to Heathrow Airport implemented screening protocols akin to models used at Calais and selected port facilities. Training for caseworkers drew upon materials from the United Nations High Commissioner for Refugees and court guidance from the Supreme Court of the United Kingdom and the High Court of Justice. Data-sharing arrangements referenced systems used by the Schengen Information System and bilateral accords with states such as France and Belgium.
Advocacy groups including Refugee Action, Medical Justice, and Liberty reported effects on vulnerable groups like survivors of the Syrian Civil War, migrants from Afghanistan, and applicants from Eritrea. Research by universities including University College London and think tanks such as the Institute for Public Policy Research indicated changes in claim outcomes, detention rates, and removal numbers similar to patterns observed in Greece and Spain. Health and welfare outcomes were highlighted by reports from the World Health Organization and the National Health Service in relation to access to services.
Key jurisprudence engaging the Act included submissions before the Court of Appeal (England and Wales), the Supreme Court of the United Kingdom, and references to the European Court of Human Rights. Litigants represented by firms and organisations such as Matrix Chambers and Public Interest Lawyers raised issues under the Human Rights Act 1998 and argued against compatibility with the European Convention on Human Rights. Case law examined standards from prior decisions including R (European Roma Rights Centre) v Immigration Officer-type precedents and rulings touching on non-refoulement under the 1951 Refugee Convention.
Debate featured statements from leaders like the Prime Minister of the United Kingdom and the Home Secretary, and party positions from the Scottish National Party and the Democratic Unionist Party. Media coverage in outlets such as the BBC, The Guardian, and The Times shaped public discourse, while social movements and protests involved groups tied to Stand Up To Racism and campus campaigns at institutions such as King's College London. Polling organisations including YouGov and the British Social Attitudes Survey tracked shifts in public opinion.
The Act was compared with measures in countries including Australia (notably its offshore processing policy), Canada (its refugee determination system), and Germany (its asylum reception system). International bodies such as the United Nations Human Rights Council and the European Union Agency for Fundamental Rights assessed compatibility with international obligations. Bilateral relations with transit states like Morocco and Turkey involved negotiation dynamics reminiscent of accords such as the EU–Turkey statement.
Category:United Kingdom immigration law Category:Human rights law Category:Refugee law