Sex offenders to be denied refugee protection in UK under law change
The new measure will be introduced in an amendment to the Government’s Border Security, Asylum and Immigration Bill.
Migrants convicted of sexual offences will be unable to claim asylum in the UK under a change in the law aimed at tightening border security.
Under the Refugee Convention, countries can refuse asylum to some such as war criminals and those who have committed a “particularly serious crime” who present a danger to the community.
Currently in the UK, this is categorised as a criminal handed a prison sentence of one year or more.
But ministers are seeking to update this to include that anyone convicted of a crime in the UK which places them on the sex offenders register, regardless of the length of their sentence, will be denied refugee status.
It is not clear how many cases it could affect, or the number of claims previously granted.
A Home Office source said instances like that of Clapham chemical attacker Abdul Ezedi, who was granted asylum despite being a convicted sex offender, would be the type of case ministers want to tackle.
Ezedi killed himself within hours after he was suspected of dousing his ex-girlfriend with alkali when he attacked her and her children in south London in January last year.
The 35-year-old had been placed on the sex offenders register for 10 years and ordered to carry out 200 hours of unpaid work after pleading guilty to charges of sexual assault and exposure in 2018, two years after his first asylum claim was rejected.
He was later granted asylum by a judge in 2020 who accepted he was a Christian convert and that he would be in danger because of his faith if he returned to his home country of Afghanistan.
The source added the law change is not “demonising” asylum seekers, but is making clear there are “high standards” in the asylum system and that people who come to the UK and apply for asylum must respect the rules.
The new measure will be introduced in an amendment to the Government’s Border Security, Asylum and Immigration Bill currently going through Parliament, the Home Office said.
It is hoped the move will send a clear message that sex offences are treated with the “seriousness they deserve”.
The amendment will also set a 24-week target for first-tier immigration tribunals to decide on appeals of those living in asylum seeker supported accommodation, or who are foreign national offenders, in a bid to cut the asylum backlog.
Home Secretary Yvette Cooper said: “Sex offenders who pose a risk to the community should not be allowed to benefit from refugee protections in the UK.
“We are strengthening the law to ensure these appalling crimes are taken seriously.
“Nor should asylum seekers be stuck in hotels at the taxpayers’ expense during lengthy legal battles.
“That is why we are changing the law to help clear the backlog, end the use of asylum hotels and save billions of pounds for the taxpayer.”
The number of migrants who have arrived in the UK after crossing the Channel this year is approaching 10,000 with confirmation expected on Tuesday when the Home Office publishes details for Monday’s crossings.
Some 9,885 people had been logged as making the journey from France as of Sunday, according to provisional Home Office figures.
If the figure is reached it would be the earliest point in a calendar year since data on crossings was first recorded in 2018.
Last year the 10,000 figure was not hit until May 24, while in 2023 it was June 17.
The action comes as the Government has vowed to halve violence against women and girls in a decade.
Safeguarding minister Jess Phillips said: “That’s exactly why we are taking action to ensure there are robust safeguards across the system, including by clamping down on foreign criminals who commit heinous crimes like sex offences.”
The Home Office also announced that artificial intelligence will be used to support caseworkers processing asylum claims, such as by summarising interview transcripts and accessing country advice.
Using the technology could save caseworkers up to an hour per case, according to the department.
Enver Solomon, chief executive of the Refugee Council, welcomed efforts to resolve asylum cases quickly, but warned the use of AI could “backfire” if the technology’s limits produce flawed decisions that end up in the courts.
He added the 24-week statutory time limit for asylum appeals was a “good step forward” but “must not come at the cost of people’s access to justice”.
The Law Society of England and Wales also raised concerns that the target for first-tier immigration tribunals will be “unworkable” in practice as the justice system is already struggling to cope with current demand.
Law Society president Richard Atkinson added: “There is a long wait for appeals to be processed due to the sheer volume of cases going through the system.
“Efforts to clear the legacy backlog of asylum claims have led to more initial claims being refused, resulting in the number of appeals increasing even further.”
The moves come as the Government’s migration Bill plans to introduce a range of measures to crack down on people smuggling across the English Channel, and reform the asylum system.
This includes scrapping the Conservatives’ Rwanda plan, and introducing new criminal offences and handing counter terror-style powers to police and enforcement agencies to tackle the crossings.
The Home Office has also announced plans for the legislation to crack down on people posing as immigration lawyers by giving the Immigration Advice Authority powers to fine those not properly registered up to £15,000.
