The Harmful Impact of Proposed Asylum Reforms on Black and Minoritised Migrant Women

We are deeply concerned about the sweeping reforms to the asylum system proposed by the government, including the devastating and disproportional impact they are likely to have on many vulnerable Black and minoritised migrant women. The policy represents a significant and disappointing step in a broader trend of increasingly cruel and xenophobic treatment of those who have uprooted their lives to seek safety and a home.

Plans to force those granted asylum to return to their country of origin if it is deemed to have become safe and increasing the time limit after which they can apply for indefinite leave to remain will make it impossible for refugees to feel secure in the UK. The asylum process creates a great deal of stress and uncertainty for all applicants, as well as laborious and time-consuming work. Extending the process will add to this and, inevitably, will create barriers to refugees integrating into their local communities (frequently presented as an important aim for migrants), as well as costing the government millions of pounds. In addition, many Black and minoritised migrant women seek asylum due to threats specific to them due to their race, gender, or individual vulnerability: their country of origin may be considered ‘safe’, even whilst they would face violence and persecution there.

The threat of introducing legislation to curb ‘right to family life’ claims under Article 8 of the European convention on human rights (ECHR), overhaul of Modern Slavery Act and push for changes to European human rights laws will result in breaches of the most fundamental rights of people seeking asylum. Despite many claims that ECHR is being abused by those claiming asylum, the evidence to support this does not exist. This policy will not, therefore, contribute to the government’s stated aim of preventing spurious claims, but will have a huge impact of the human rights of those who face removal, their families and their communities in the UK.

The ending of automatic benefits and checks on ‘high-value items’ owned by asylum seeking people will both further dehumanise them, whist creating further vulnerability through unmet financial and accommodation needs. The current benefits available to them are contingent on them being able to prove that they are destitute and are paid at a subsistence level: despite claims to the contrary, they are not given large amounts of money and provided with luxury accommodation. Decreasing this support further, or removing it entirely, will leave many unable to afford necessities, likely pushing them towards those who seek to exploit vulnerabilities. This will put Black and minoritised migrant women at an even higher risk of abuse, including being trafficked for sexual exploitation and other forms of violence against women and girls (VAWG).

Introducing the use of artificial intelligence (AI) to establish the age of children seeking asylum is also concerning. AI and facial recognition technology are known to include significant biases against Black and minoritised people and women, creating the risk that their ages will be incorrectly assessed, leading to children being treated as adults. Such sensitive and consequential decisions cannot be left to technology with these flaws.

Whilst we advocate for the introduction of safe and legal routes for people wanting to seek asylum in the UK, the government’s promise to do this does not go nearly far enough. Putting limits on the limited routes created and insisting that individuals are ‘sponsored’ by people in the UK will result in many in need of refuge without a practical route to the UK. Such schemes favour those able to navigate them and seek sponsorship, which will exclude the most vulnerable, including those with mental health problems. Genuine safe and legal routes, available to all in need of refuge, are urgently needed.

Overall, this policy poses a significant threat to all people seeking asylum in the UK, in particularly to those who face additional marginalisation, such as Black and minoritised migrant women. Those fleeing persecution and violence should be treated with compassion and respect, not the hostility and cruelty imbedded in the government’s proposals. We call on the Home Office to reconsider this policy and to consult with those who would be subject to it to shape a new, progressive policy to ensure that those who need refuge and protection can find it in the UK.

Elizabeth Jiménez-Yánez, Head of Policy and Public Affairs, says: 

ENDS

For more information, please contact: olivia@hibiscus.org.uk