The UK's Asylum System: A Call for Fairness, Dignity, and Reform

As the United Kingdom prepares for a General Election on 4th July 2024, the nation's asylum system has come under intense scrutiny. Recent years have witnessed a disturbing rise in hostility and inhumane policies targeting refugees and asylum seekers, eroding the principles of protection and dignity that should be at the core of any just society. It is imperative that we, as a nation, re-evaluate our approach to asylum and build a system that upholds human rights, treats individuals with compassion, and reflects our shared values of fairness and solidarity.

The upcoming election presents a vital opportunity to change the conversation around asylum in the UK. Political candidates across the spectrum must recognise the urgent need for reform and commit to policies that prioritise the well-being and rights of those seeking sanctuary. In his book "The Wealth of Refugees: How Displaced People Can Build Economies," Dr Alexander Betts, Professor of Forced Migration and International Affairs at the University of Oxford, makes a compelling argument for the urgent need to reform the UK's asylum system based on the fundamental principles of human rights, dignity, and fairness. His argument highlights the essential values that should underpin any asylum system. By advocating for the repeal of anti-refugee laws, an end to immigration detention, and the right to work for asylum seekers, we can pave the way for a more humane and inclusive society.

Betts' argument is further supported by the research of Dr Cathryn Costello, Professor of Fundamental Rights at the Hertie School in Berlin and a leading expert on refugee law. Costello highlights the importance of upholding the principles of non-refoulement and due process in asylum systems, emphasising that a fair and effective asylum system is one that respects the fundamental rights of those seeking protection and ensures access to justice for all. Costello's work underscores the critical role of human rights in shaping asylum policies and practices. Organizations such as the Jesuit Refugee Service UK (JRS UK) have witnessed firsthand the profound negative impact of hostile policies on individuals seeking protection. Their insights, along with those of academics and researchers in the field, must inform our collective efforts to create a fairer and more compassionate asylum system.

The Erosion of Refugee Rights
The introduction of anti-refugee laws and policies in recent years has dealt a severe blow to the fundamental rights of those seeking sanctuary in the UK. The Illegal Migration Act, described by the United Nations High Commissioner for Refugees (UNHCR) as amounting to an asylum "ban" , stands as a stark example of the erosion of refugee protection. This act not only violates international law but also undermines the principles of non-refoulement and due process that are essential to a fair asylum system.

Moreover, plans to forcibly transfer asylum seekers to Rwanda and discussions of outsourcing asylum processing across political parties further undermine the rights and dignity of those seeking protection. These measures are not only morally reprehensible but also ineffective in addressing the complex challenges of forced migration. Dr Jeff Crisp, a respected researcher and expert on refugee protection, has consistently warned about the dangers of externalizing asylum processing. As a Research Associate at the Refugee Studies Centre, University of Oxford, and former Head of Policy Development and Evaluation at UNHCR, Crisp's insights highlight the potential consequences of outsourcing asylum processing and the need for a more humane and principled approach.

The erosion of refugee rights is not only a legal and moral failing but also a betrayal of the UK's proud history of providing sanctuary to those fleeing persecution and conflict. Dr Matthew Gibney, Professor of Politics and Forced Migration at the University of Oxford, argues that states have a moral obligation to provide protection to refugees and that it is crucial to reject policies that undermine refugee rights and dignity. His perspective is persuasive, as it reminds us of the UK's tradition of offering sanctuary to those in need and the importance of upholding this commitment. It is essential that we reject the politics of division and scaremongering and instead embrace a compassionate and evidence-based approach to asylum. By upholding the rights of refugees and asylum seekers, we reaffirm our commitment to the values of fairness, dignity, and respect for human rights that should define our society.

The Human Cost of Immigration Detention
The UK's widespread use of immigration detention over the past two and a half decades has had a profound negative impact on the lives of asylum seekers. Detention inflicts deep and lasting damage on individuals' physical and mental health, with systematic abuses of rights occurring within detention centres. The indefinite nature of immigration detention, without proper judicial oversight, violates the principles of due process and human dignity.

Pope Francis has consistently spoken out against the practice of immigration detention, emphasizing its detrimental impact on human dignity. In his message for the 104th World Day of Migrants and Refugees, Pope Francis called for the development of alternatives to detention for migrants and asylum seekers, stressing the importance of upholding their rights and well-being. The Pope's stance on this issue aligns with the work of organizations such as the Jesuit Refugee Service (JRS), which has documented the harmful effects of immigration detention on individuals and advocated for community-based alternatives. The practice of detaining individuals solely for immigration purposes, often in prison-like conditions, is a stain on our society's conscience, and it is imperative that we explore more humane and dignified approaches to supporting asylum seekers throughout the process.

Dr Mary Bosworth, Professor of Criminology at the University of Oxford and Director of the Centre for Criminology, has conducted extensive research on immigration detention in the UK. In her article "Affect and authority in immigration detention," Bosworth highlights the devastating impact of detention on the mental health and well-being of asylum seekers, arguing that the indeterminacy of immigration detention, combined with the lack of due process and the prison-like conditions, creates a uniquely harmful environment that undermines the dignity and well-being of those detained. Bosworth's research provides compelling evidence of the harm caused by immigration detention and the urgent need for reform.

Bosworth's research is further supported by the work of Dr Melanie Griffiths, Senior Research Associate at the University of Bristol and a Visiting Fellow at the Refugee Studies Centre, University of Oxford. Griffiths examines the lived experiences of asylum seekers in immigration detention, highlighting the profound sense of uncertainty, despair, and powerlessness that characterises their time in detention. As Griffiths notes, the indefinite nature of immigration detention, combined with the lack of adequate mental health support and the constant threat of deportation, can have long-lasting consequences on individuals' ability to rebuild their lives and integrate into their host communities. Griffiths' research provides a powerful testament to the human cost of immigration detention and the need for a more humane approach.

Furthermore, the financial cost of immigration detention is staggering, diverting resources that could be better spent on supporting asylum seekers and refugees in the community. As Dr Cathryn Costello argues, immigration detention is not only inhumane but also ineffective and costly, and it is time for the UK to explore more humane and cost-effective alternatives. Costello's argument is persuasive, as it highlights the economic as well as the moral case for ending immigration detention. As a society, we must recognise that the human and economic costs of detention far outweigh any perceived benefits. By ending immigration detention and investing in humane alternatives, we can create a system that prioritises the well-being and dignity of those seeking sanctuary while also promoting social cohesion and integration.

The Right to Work
Denying asylum seekers the right to work is a cruel and counterproductive policy that forces individuals into poverty and prevents them from contributing to society. The current ban on work for asylum seekers, with only limited exceptions for those who have been waiting for a decision on their claim for over a year, is a shameful indictment of our asylum system.

A 2022 YouGov poll found that an overwhelming 81% of the public support granting asylum seekers the right to work .This widespread public support reflects a growing recognition of the benefits of enabling asylum seekers to be self-sufficient, maintain their skills, and contribute to their host communities. As Dr Isabel Ruiz, Associate Professor of Political Economy at the University of Oxford, demonstrates in her research, allowing asylum seekers to work has significant benefits for both individuals and society as a whole, including increased self-sufficiency, reduced public expenditure, and enhanced social cohesion. Ruiz's research, conducted in collaboration with Dr Carlos Vargas-Silva, provides compelling evidence of the economic and social benefits of granting asylum seekers the right to work.Enabling asylum seekers to work not only promotes their dignity and well-being but also facilitates their long-term integration into the labour market and society more broadly.

Moreover, the right to work is a fundamental human right enshrined in international law. Article 23 of the Universal Declaration of Human Rights affirms that everyone has the right to work, to free choice of employment, and to just and favourable conditions of work. As Dr Cathryn Costello argues, denying asylum seekers the right to work not only violates international human rights law but also undermines the principles of equality and non-discrimination that should be at the heart of any asylum system. Costello's argument is compelling, as it highlights the legal and moral imperative of granting asylum seekers the right to work.

It is time for the UK to join the growing number of countries that allow asylum seekers to work while their claims are being processed. The Lift the Ban coalition, a group of over 240 organizations in the UK, has advocated for granting asylum seekers the right to work, presenting evidence of the economic and social benefits of such a policy change. By granting asylum seekers the right to work, we can promote their dignity, reduce their vulnerability to exploitation, and enable them to contribute to the social and economic fabric of our society. This not only benefits asylum seekers themselves but also strengthens our communities and economy as a whole.

Towards a Fairer Asylum System
As we approach the General Election, it is crucial that candidates across the political spectrum commit to building a fairer and more humane asylum system. This includes repealing anti-refugee laws, ending immigration detention, and lifting the ban on work for asylum seekers. These reforms are not only morally imperative but also essential for creating a system that upholds the rights and dignity of those seeking sanctuary.

The UK has a proud history of providing protection to those fleeing persecution and conflict, and it is time to reaffirm our commitment to these principles. By advocating for policies that prioritise compassion, fairness, and respect for human rights, we can build a society that truly reflects our shared values and serves as a beacon of hope for those in need of sanctuary.

We need an asylum system that treats people with dignity, provides them with the support they need to rebuild their lives, and enables them to contribute fully to our society.This vision of a fair and humane asylum system is within our reach, but it requires political will, public support, and a commitment to evidence-based policymaking.

To achieve this vision, we must engage in a constructive dialogue that centres the voices and experiences of refugees and asylum seekers themselves. As Dr Naohiko Omata, Associate Professor at the Refugee Studies Centre, University of Oxford, argues, the voices and perspectives of refugees and asylum seekers are often marginalised in debates around asylum policy, and it is crucial that we listen to their experiences and insights in order to develop more effective and humane policies. Omata's argument is compelling, as it highlights the importance of centering the voices and experiences of those most affected by asylum policies. We must listen to the expertise of organisations like JRS UK, the Refugee Council, and academic experts who have long studied forced migration and advocated for the rights of those seeking protection. By grounding our discussions in evidence and the lived realities of those most affected by asylum policies, we can develop solutions that are both effective and compassionate.

Moreover, we must challenge the toxic narrative that seeks to demonise and scapegoat refugees and asylum seekers. The politics of fear and division have no place in a just and inclusive society. Instead, we must embrace a narrative of solidarity, recognising that the right to seek asylum is a fundamental human right and that refugees and asylum seekers enrich our communities in countless ways.

The upcoming General Election presents a defining moment for the UK's asylum system. By advocating for policies that uphold the rights and dignity of refugees and asylum seekers, we can build a society that truly reflects our shared values of compassion, fairness, and respect for human rights. It is time for the UK to lead by example and demonstrate its commitment to protecting the most vulnerable among us.

The reforms outlined in this article – repealing anti-refugee laws, ending immigration detention, and granting asylum seekers the right to work – are not only necessary but also achievable. With political will and public support, we can create an asylum system that is fair, humane, and effective in providing protection to those in need.

As we engage in this crucial dialogue, let us be guided by the principles of human rights, evidence-based policymaking, and the voices of those most affected by asylum policies. By working together, we can build a society that welcomes refugees and asylum seekers with open arms, celebrates their contributions, and upholds their dignity and rights.

The time for action is now. Let us seize this opportunity to create a fairer and more compassionate asylum system that reflects the best of who we are as a nation. Let us stand with refugees and asylum seekers, and let us build a future in which everyone, regardless of their origin or circumstances, can find safety, dignity, and the chance to rebuild their lives in peace.