Refugees (Family Reunion) Bill [HL] — House of Lords, 2022-07-08
Topic: Immigration
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, before speaking to the Bill, I pay tribute to the noble Lord, Lord Dubs, who never fails to move the House with his personal experience, even when speaking in the gap It is a great pleasure to support this Private Member’s Bill, which my noble friend Lady Ludford inherited from my noble friend Lady Hamwee. I hope she will not mind me saying so, not least because my noble friend Lady Hamwee said it, but it has improved since. Both my noble friends have demonstrated tenacity and stamina in their attempts to improve the situation for refugees and asylum seekers It is bad enough to be a refugee fleeing persecution or war, such as those displaced by Putin’s dreadful illegal war in Ukraine, let alone to be separated from your family, not least if you are a child under 18. It is at times of danger and trauma that we need our families around us most, let alone when you are in a foreign country, where you may not even speak the language and are navigating a complex legal system on your own. The noble Baroness, Lady Wheatcroft, reminded us of how we felt when we were separated from our families during the pandemic This very simple Bill puts some heart back into this country’s immigration policy when this Government have been doing everything they can to make it more difficult for people to claim asylum in the UK. In a quite reasonable and limited way, the Bill extends those eligible to be granted leave to enter and remain in the UK for family reunion. As my noble friend said, the definition is not extended as far as that which was used in the Ukrainian refugee scheme. Why was a broader definition adopted for Ukrainian refugees? If the Government will not support the Bill, what is the difference, as far as Ukrainian refugees are concerned? The Bill also restores eligibility for legal aid to make such an application The current rules are too restrictive if, for example, the sponsor of a child or partner has not yet received a decision on their asylum claim, or if the sponsor is under 18. As we heard, there is a mounting backlog of asylum claims that have yet to be decided, with some decisions extending into months and even years. An unaccompanied minor is in even more need of their family than a traumatised adult—yet the UK is almost alone in Europe in not allowing an unaccompanied asylum seeker to sponsor their family to join them, as the right reverend Prelate the Bishop of Durham said. His story of a family separated in Kabul was compelling. Apart from the welfare of the child, the cost of safeguarding them is bound to be higher than if they were placed with other family members A very similar Bill passed through this House in the last Session without amendment, with Labour support, but it ran out of time in the other place because the Government would not support it. As my noble friend explained, there are some differences from last time, brought about, I expect, by the need to counter the truly dreadful Nationality and Borders Act—for example by ensuring that the Immigration Rules do not contravene the 1951 UN refugee convention and apply equally to all who are granted protection status, whether they are deemed to be group 1 or group 2 refugees under the 2022 Act. The situation is being made worse by the UK-Rwanda migration and economic development partnership, potentially making family reunion even more difficult The Government’s response the last time a similar Bill was debated was vague, general and not based on evidence. What inevitable "challenging burdens" would such a Bill create for the Home Office, local authorities and wider public services, when the Government allow over a million migrants to enter the UK to study or work in higher-paid jobs? Asylum seekers represent a tiny fraction of immigration into the UK, and any increase as a result of the Bill would be smaller still In 2020, according to the excellent briefing provided by the House of Lords Library, the Independent Chief Inspector of Borders and Immigration described the application process for family reunion as "potentially confusing", in particular the guidance provided for applicants. He called on the Home Office to listen to stakeholders who had called for the eligibility criteria for sponsors and applicants to be expanded, enabling access to legal aid—exactly what this Bill attempts to do Refugee Action has criticised the rules as very restrictive when applied to families torn apart by war, such as people caring for orphaned younger siblings and unaccompanied children separated from their parents. This Bill would address those concerns. The Families Together Coalition has said that, if the Government are serious about their ambition to expand so-called safe routes, they should expand the criteria of who qualifies for family reunion and reintroduce legal aid for all family reunion cases. This Bill would address the coalition’s concerns as well My noble friend talked about how the visa fee waiver for family reunion is now based on affordability and said that that was progress. As we debated in the House on Wednesday, the affordability rules in themselves appear designed to deter anyone from applying, both because of the unreasonable definition of what is essential expenditure and the sheer complexity of the nature and extent of the proof required to show that the visa fee should be waived—perhaps two steps forward and one step back. The noble Baroness, Lady Neuberger, reminded noble Lords of the likely consequences if the Bill is not enacted. This Bill has been crafted and improved over the years; it is now perfectly formed and we should support it.