New plans to stop small boats 'very concerning' says UN refugee body as Rishi Sunak insists he's 'up for the fight'

8 March 2023, 00:41 | Updated: 8 March 2023, 06:58

Rishi Sunak has warned he is "up for the fight" against any legal challenges to his controversial new Bill to tackle small boat crossings, as the Home Secretary admitted it may be incompatible with the European Convention on Human Rights.
Rishi Sunak has warned he is "up for the fight" against any legal challenges to his controversial new Bill to tackle small boat crossings, as the Home Secretary admitted it may be incompatible with the European Convention on Human Rights. Picture: Alamy

By Chris Samuel

The UN's refugee agency has described the Government's asylum plans to stop small boat crossings as "very concerning" as Rishi Sunak has warned he is "up for the fight" against any legal challenges to his controversial new Bill.

The UNHCR representative to the UK said it would break international law and was not necessary.

Speaking at a press conference on Tuesday, Mr Sunak said there was “absolutely nothing improper” about the legislation and that he is confident the Government would win any court action.

It came after Home Secretary Suella Braverman announced the new Bill, promising that people who arrived in the UK illegally will be removed "within weeks" and receive a lifetime ban on claiming asylum.

Vicky Tennant, of the UNHCR, said: "We're very concerned. This is effectively closing off access to asylum in the UK for people arriving irregularly.

"We believe it's a clear breach of the Refugee Convention, and remember even people with very compelling claims will simply not have the opportunity to put these forward."

Ms Braverman told MPs the Illegal Migration Bill will "stop the boats" which are bringing "tens of thousands" of people to the UK.

Speaking in the Commons on Tuesday, she said "there are 100 million people" who would qualify for asylum under the current law.

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She added: "Let's be clear - they are coming here.

"This is the crucial point of this Bill. They will not stop coming here until the world knows that if you enter Britain illegally you will be detained and swiftly removed.

"Removed back to your country if it is safe, or to a safe third country like Rwanda. And that is precisely what this Bill will do. That is how we will stop the boats."

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Ms Braverman said people will be able to be detained for 28 days without bail or judicial review.

Only under-18s, those medically unfit to fly or at "real risk" if they are returned to the country they have left will be able to lodge an appeal to avoid being deported.

There will also be an annual cap on the number of refugees entering via safe routes as part of the bill.

Mr Sunak backed Ms Braverman's comments, saying: "I understand there will be debate about the toughness of these measures."

He went on to say: "All I can say is that we have tried it every other way and it has not worked.

"So I say again: my policy is very simple, it is this country—and your government—who should decide who comes here, not criminal gangs."

He said the legislation is "tough", but "necessary" and "fair".

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Labour's shadow home secretary Yvette Cooper branded the Bill a "con" and described the plans as "Groundhog Day" in the wake of criticism from campaigners who said the proposed policy would be unworkable.

But Ms Braverman said the need for reform is "obvious and urgent" as the asylum system now costs the British taxpayer more than £3 billion a year.

Mr Sunak will visit Dover and will set out the plan during a press conference.

It follows increasing pressure on the government to curb the number of migrants arriving in the UK via illegal routes.

Rishi Sunak speaks during a press conference in the Downing Street Briefing Room in central London on March 7, 2023, following the announcement of the on the Illegal Migration Bill.
Rishi Sunak speaks during a press conference in the Downing Street Briefing Room in central London on March 7, 2023, following the announcement of the on the Illegal Migration Bill. Picture: Getty

It comes as desperate migrants continue to make their way across the Channel on small boats, despite Rishi Sunak announcing plans to ban them from returning or claiming citizenship under fresh laws.

It's understood ministers have received advice that the proposals tabled by the Home Secretary are lawful according to the Daily Mail, despite pushing the boundaries of the European Convention on Human Rights (ECHR) to the absolute limit.

If passed, the proposals tabled today will see migrants arriving in small boats stripped of their rights and banned from lodging human rights appeals.

Home Secretary Suella Braverman announced the new Bill on Tuesday, promising that people who arrived in the UK illegally will be removed "within weeks" and receive a lifetime ban on claiming asylum.
Home Secretary Suella Braverman announced the new Bill on Tuesday, promising that people who arrived in the UK illegally will be removed "within weeks" and receive a lifetime ban on claiming asylum. Picture: Getty

According to government sources, most of those who arriving illegally will then only be able to appeal following their deportation.

A sources close to Mrs Braverman is said to have told the Daily Mail: "The British people have had enough. This Government is determined to stop the boats and ensure we have all the powers available to remove illegal migrants from the country."

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Another added: "This new duty to remove will ensure that the Home Secretary's power to remove migrants takes precedence in law and ensures asylum, human rights and modern slavery claims are blocked."

The only exemptions to the proposals are set to be children and the gravely ill, who will be permitted to stay in Britain while they bring legal challenges, Mrs Braverman is expected to say.

The proposals follow the news that around 40 migrants were brought into Dover by the RNLI on Monday - the first group to make the journey in over a week.

The government has vowed not to give up on its Rwanda policy - a proposal that would see 200 illegal immigrants deported to the African nation, despite no airline yet agreeing to take the detainees.