Policy paper

Illegal Migration Bill: Duty to make arrangements for removal factsheet

Updated 20 July 2023

What are we going to do?

• The Illegal Migration Bill will change the law so that individuals who come to the UK illegally via a safe country will not be able to stay. Instead, they will be detained and then promptly removed, either to their home country or a safe third country like Rwanda.

• Individuals who enter the UK illegally via a safe country to claim asylum or make a human rights claim, will not have any claim considered here. If they cannot be returned to their home country, their claim will be considered by a safe third country, such as Rwanda.

How are we going to do it?

We are placing a duty on the Home Secretary to make arrangements for the removal of anyone who comes to the UK illegally who has passed through a safe country. The duty will apply regardless of whether an individual makes an asylum or human rights claim or claims to be a victim of modern slavery or human trafficking, or whether the person makes an application for judicial review in relation to their removal from the UK under this act.

This means that those who come to the UK illegally via a safe third country will have all asylum claims or human rights in relation to their home country declared inadmissible, and these claims will not be considered in the UK. If they make a modern slavery claim, it will be disqualified save in exceptional circumstances.

The Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. As a matter of current policy this power will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

Where directions are given to an illegal entrant for their removal under the scheme, similar directions may also be given to their family members (unless the family member is a British or Irish citizen or has permission to enter or remain in the UK).

The bill also applies the existing provisions in respect of the accommodation and support of failed asylum seekers to illegal migrants who have claimed asylum falling within the scheme should they be released from detention on immigration bail.

Background

People are dying by crossing the Channel in flimsy boats – allowing these dangerous, illegal and unnecessary journeys to continue is inhumane. If individuals know there is no way for them to stay in the UK, they won’t risk their lives and pay criminals thousands of pounds to get here.

There is not one single solution to the problem of illegal migration. The bill will build on the Nationality and Borders Act 2022, which has already introduced important reforms including strengthening the modern slavery laws and introducing tougher criminal penalties for unlawful arrivals. It marks a step change in our approach allowing for the swift removal of people who arrive illegally in the UK.

The UK has extensive returns agreements with a number of countries, including Iraq, Albania, Vietnam and Pakistan - four high volume countries for small boat arrivals.  In January we also signed an agreement with Georgia. We have strong returns cooperation with countries across the globe and continuing to build on this cooperation is at the heart of our diplomatic engagement.

Frequently asked questions

Who is eligible for removal? Surely there are exceptions?

• People who come to the UK illegally and have passed through a safe country – for example, coming in a small boat from France – will not be able to stay in the UK.

• It is right that we don’t incentivise the criminal gangs to target certain people by excluding specific cohorts of people.

Are you planning to return people to countries where they are persecuted?

• No. If an individual cannot be returned to their home country, they will be relocated to Rwanda or another safe country where their asylum claim may be processed.

You already have the power to remove anyone who has been through a safe country through the Nationality and Borders Act – is this not just another example of legal posturing?

• We are implementing the measures in the Nationality and Borders Act at pace, but we need to go further.

• We need to do more to tackle people who are making multiple spurious claims to frustrate their removal to their country of origin, or to Rwanda.

• We are introducing a duty on the Secretary of State to make arrangements for the removal of illegal migrants to a safe country where an asylum claim will be considered, and strengthening the powers where someone doesn’t need our protection because they are obviously not at risk of persecution in their home country, which will make it easier to remove people.

Won’t the provisions of the bill only work if the government has put in place return agreements with other countries and the partnership with Rwanda can operate at scale?

• The duty allows for the removal of an individual to their country of origin, or to a safe third country such as Rwanda.

• If it is not appropriate to remove an individual to their home country, we will make arrangements for their removal to a safe third country.

• The partnership with Rwanda means that there will be nothing to be gained by an individual paying people smugglers to go to a destination of their choice, while passing through safe – and in many cases multiple safe – countries.

• The number of people who can be relocated under the Migration and Economic Development Partnership is uncapped. Resources are being provided to develop the capacity of the Rwandan asylum system – we have already provided £20 million upfront to support set up costs, for example – and we would anticipate the numbers being relocated to scale up quickly once the partnership starts to operate and in line with Rwanda’s growing capacity.

• We are working closely with a range of international partners on this issue and will continue to keep all options on the table, including further agreements with other countries.