Since June 28, 2022, following the enactment of the Nationality and Borders Act 2022, asylum seekers in the UK have been categorised into two groups: Group 1 and Group 2, known as the “differentiation” policy. This policy was implemented by the government with the belief that it would deter asylum seekers and prevent them from entering the UK “illegally”. However, the government has recently decided to quietly suspend the differentiation policy as of July 2023.
The reason behind this decision is the government’s expectation that the forthcoming Illegal Migration Bill will reverse the asylum changes made by the Nationality and Borders Act, making those entering the UK illegally ineligible to claim asylum. The suspension is being introduced to address the significant backlog and delays in processing asylum claims, which were caused by the government’s own policy.
On June 8, 2023, Robert Jenrick, the Minister of State for Immigration, released a statement stating that
“The Illegal Migration Bill goes further than ever before in deterring illegal entry to the UK, ensuring that the only humanitarian route into the UK is a safe and legal one.”
However, the government has not yet provided any concrete plans for establishing such safe and legal routes, as evidenced by their lack of response to the recent conflict in Sudan. The government’s emphasis on illegal entry fails to address the core issue. While the suspension of the differentiation policy offers temporary relief for those currently subjected to this system, it is not a long-term solution, especially with the Illegal Migration Bill on the horizon.
It is crucial for the UK government to prioritise the establishment of routes that would enable individuals and families, who are risking their lives to seek safety, rather than solely focusing on illegal entry and punitive measures. There is some potentially positive news for applicants from Afghanistan, Eritrea, Libya, Syria, Yemen, and Sudan. They may benefit from a “streamlined processing model” which allows positive decisions to be made on claims from refugees belonging to these countries without the need for a substantive interview. This applies if the claim was made prior to the introduction of the Illegal Migration Bill on March 7, 2023.
The Home Office has affirmed that they will not refuse an application without giving the applicant an opportunity for an interview.
