This briefing provides information in support of a potential amendment to prevent the criminalisation of parents and prevent the separation of families, who enter the UK through irregular means or via small boat.
While we welcome the Government’s intention to repeal much of the Illegal Migration Act, we remain concerned about current clauses in the Nationality and Borders Act, and Section 59 in the Illegal Migration Act, that criminalise children and families seeking sanctuary in the UK, significantly block claiming asylum for nationals of certain countries, and allow the usage of so called ‘scientific methods’ in the age assessment process.
Our proposed amendment will protect parents or legal guardians who travel with their children to the UK irregularly out of necessity to protect them. We believe in the right of all children and young people fleeing persecution to claim asylum and therefore call for the repeal of Section 59 of the Illegal Migration Act that currently automatically excludes children and young people from Albania, India, and Georgia from claiming asylum.
We call for further repealing of additional regressive clauses in the Nationality and Borders Act and Illegal Migration Acts, respectively, concerning child exploitation, trafficking, and the usage of X-rays to determine the age of a child. These are not fit for purpose, actively harm children, and can place them at risk of re-trafficking or exploitation.