Ministers’ plans to cease small boat refugees getting British citizenship hit by authorized problem | EUROtoday

Rules that make it virtually not possible for small boat refugees to turn out to be British residents have been hit by a authorized problem, The Independent can reveal.

New steering issued in February acknowledged that anybody who enters the UK illegally by making a harmful journey, corresponding to by way of a small boat over the English Channel or by hiding in a lorry, will “normally” be refused citizenship. The toughened-up guidelines apply no matter how a lot time has handed because the individual entered the UK.

Three refugees, who’ve indefinite depart to stay within the UK, have now filed a authorized declare difficult the transfer, nevertheless. The Home Office is predicted to defend the coverage, probably resulting in a conflict within the courts over the legality of the adjustments.

Their declare, which is being led by Duncan Lewis Solicitors, argues that the adjustments unlawfully discriminate towards refugees and breach the Equality Act 2010.

The adjustments within the coverage doubtlessly have an effect on tens of hundreds of people that have already been granted settled standing within the UK. Charities warned they may have a “devastating impact on rape survivors and their families” and penalise trafficking survivors.

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At the time, the Home Office mentioned that the strengthened measures “make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused”.

Previously, refugees who arrived within the UK by irregular routes must wait 10 years earlier than being thought of for citizenship. The Refugee Council estimates the brand new guidelines may forestall greater than 70,000 refugees from acquiring British citizenship.

Separately, underneath plans printed by the Conservatives on Tuesday night time, Kemi Badenoch’s celebration would attempt to robotically deport anybody who arrived within the UK illegally. The draft laws additionally proposes stripping indefinite depart to stay standing from migrants who begin to declare advantages or who fall beneath sure revenue thresholds.

Maya Esslemont, director of the charity After Exploitation, mentioned: “Exploiters often use threats, force or coercion to make modern slavery survivors cross borders without leave. Yet, this policy dismisses the reality of survivors, punishing victims rather than protecting them.

“After overcoming all odds to report modern slavery and comply with the UK’s complex immigration processes, survivors of trafficking and modern slavery seeking British citizenship deserve a chance to have their case heard fairly, not based on a presumption of bad character which is linked to the way they entered the UK or the journey that they took to get here.”

Emily Burnham, caseworker at Women Against Rape, mentioned that its analysis had discovered that a minimum of 70 per cent of ladies who’ve been pressured to flee their international locations have suffered rape and different gender-based violence.

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She added: “This policy risks creating a two-tier society where some people will be denied the rights that others take for granted.”

Carita Thomas, on the Anti-Trafficking and Labour Exploitation Unit, mentioned the adjustments would impression numerous survivors of trafficking.

She warned: “Fear is already spreading among survivors at this change, many of whom hoped to become British after years of struggle through the UK trafficking and immigration systems and after integrating into life in this country.”

Jeremy Bloom, marketing consultant solicitor at Duncan Lewis, mentioned: “The changes to the good character policy are misguided, unlawful and impractical. This policy potentially affects the tens of thousands of people whose asylum claims were admitted to be considered in the UK, who have been recognised as refugees because of the persecution they faced in their countries of origin, and who have already passed all the necessary tests of their character to be granted settled status in the UK.”

The adjustments additionally impression victims of trafficking, of gender-based violence, and people who are stateless, he added.

“They are only now finding out that they may face being refused British citizenship on the basis of a journey they had to make, many years ago, to escape persecution and reach safety.

“We await the decision of the court on permission and will continue to fight this policy on behalf of our clients and all those in similar situations.”

The Home Office has been contacted for remark.