Policy paper

Inadmissibility of asylum and human rights claims by nationals of EU member states and other safe countries: Illegal Migration Bill factsheet

Updated 20 July 2023

What are we going to do?

We will extend section 80A of the of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act), which provides that asylum claims from EU nationals must generally be declared inadmissible to the UK’s asylum system, to cover nationals of other safe countries and to include human rights-based claims as well as, as now, asylum claims.

How are we going to do it?

The bill will extend the list of safe states to which section 80A of the 2002 Act applies to include EU member states (as now), the other EEA countries (Iceland, Liechtenstein, Norway), Switzerland and Albania, and enable other states to be added by regulations which must be debated and approved by both Houses of Parliament.

Before adding any new states to the list, an assessment will be undertaken to assess whether the Home Secretary can be satisfied that a given country is safe. Alternatively, a country may provide appropriate assurances as to the safety of returnees and that their human rights will be respected to enable the Home Secretary to be satisfied of the safety of returning nationals to these countries.

Where a country is considered safe, nationals that make an asylum or human rights claim will not have their claims considered in the UK, unless there are exceptional circumstances, and they will be returned to their country of origin.

Where it is considered there are exceptional circumstances, the claim will be considered in the UK. If the person cannot be removed to their country of origin, but also meets the criteria under the duty to make arrangements to remove under the bill, the duty to make arrangements to remove the person to a safe third country will apply.

Background

Inadmissibility processes have been applied in the UK for many years. Section 80A of the Nationality, Immigration and Asylum Act 2002 currently relates to the inadmissibility of asylum claims by nationals of EU member states.

EU member states are considered so safe, that we do not admit asylum claims from nationals of the EU for consideration under the UK asylum system unless there are exceptional circumstances.

Frequently asked questions

How can you decide that countries are so safe that you can return people there without even considering their claims?

EU countries are safe due to the fundamental rights and freedoms provided for under EU treaties. But they are not the only countries that are safe.

It is only right that we focus our efforts on those most in need of our help, and not on those that have travelled from safe countries.

Does this not directly discriminate against nationals of these countries?

Treating asylum claims from EU nationals in this way is not new. This has been a longstanding process in the UK asylum system, that is also employed by EU member states. EU member states are not the only countries that are safe countries.

However, we will consider if a person has exceptional circumstances as to why their claim should not be considered under these provisions, and not returned to their home country.

Will you be removing unaccompanied children?

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.