Asylum Reforms: Protected Characteristics

Debate between Kirsty Blackman and Jim Shannon

Wednesday 17th December 2025 Westminster Hall

[Kirsty Blackman]

I absolutely agree, and there was a very similar case in my constituency. There was a woman here with her young child, and it had been agreed that her husband was eligible for reunification with his family here under the ARAP scheme, but he was in hiding in Pakistan. No matter how much we pressed the Home Office, the woman and her young child were left here without their husband and dad. He was unable to come over, because the Home Office refused to take action. Part of the issue is the lack of humanity and consideration for individual circumstances created by the Home Office machine. Blanket policies discriminate against people in protected groups, not taking into account that there are nuances, differences and family circumstances that need to be in place.

Going back to the requirement to contribute, that will cause particular issues for those who cannot, or find it difficult to, contribute in the classical sense. The UK Government said there would be special consideration of vulnerable groups, but have not laid out what those will be and what the consideration looks like. Not making clear who those vulnerable groups are and how those considerations will work risks significantly disadvantaging people.

It is worth noting that, eight years on from receiving asylum and the right to work, the average income of refugees in Scotland is only £13,000, which is significantly lower than the median income. That is partly because refugees, by their nature, have suffered trauma, post-traumatic stress disorder and are unable to work full time in many cases, through no fault of their own. Due to that level of discrimination, and partly because they may not have long-term settled status, employers may be less keen to take them on. People who are trying to work, or have even been working full time for eight years, are earning significantly less than average. If we try to measure contribution, compared with people who were born here and have had a settled life—white men, for example—it will be difficult for any refugee from a protected characteristic group to meet that bar.

Other issues include regular reapplications and a reduction in appeals. There will be a 30-month period to reapply for status. We know that 50% of appeals from women win. A reduction in the number of appeals, allowing only one and no subsequent appeal, will entrench the fact that the Home Office makes wrong decisions. If 50% of appeals win, the Home Office has clearly made wrong decisions in half the cases that go to appeal. The people more likely to appeal, whose cases are negatively looked at, have more complicated pasts and issues with disclosing what they have faced.

Regarding trauma and violence against women and girls, the UK Government have suggested that not disclosing trauma early in the process will likely have a negative impact on their case. If people do not disclose their protected characteristics, there will likely be a negative consideration from the Home Office. People born here who have experienced sexual violence can take 20 years to come to terms with the situation and raise it with the authorities. We are expecting refugees, who have been through significant trauma, to disclose that information to a legal aid lawyer they do not know. He could be a man from their community who looks like an authority figure or the person who abused them, or might be part of the religious community that perpetrated the abuse. We will punish them for not being able to disclose the sexual violence they faced, or their sexual orientation to someone they do not know.

We also know that when it comes to legal aid, for example, the increase in the number of appeals will significantly gum up the system, and the system is already significantly gummed up. The UK Government inherited a system that was a mess in terms of the length of time that asylum decisions took. Adding in a significant number of extra reassessments at 30-month periods is simply unworkable. We are already waiting years for people to get decisions—even children who are supposed to have special consideration and who are supposed to receive decisions more quickly.

We got an email from a constituent this week whose children have still not received a decision. We have had a number of emails from constituents about asylum decisions, but the one that struck me came in yesterday. We had spoken to the Home Office about it and the email said, “Could you please tell us what is happening with this case?” And the Home Office said, “No. If you have not heard anything by December, get back to us.” The person still has not had a decision, despite the fact that children are supposed to be considered more quickly. If the UK Government cannot meet their obligations now, how will they meet their obligations within a 30-month period? What will they do about legal aid to ensure that legal aid lawyers are willing to take on the more complicated cases, the cases of sexual or domestic violence, or where the individual presenting is LGBTQI? At the moment, legal aid lawyers often look at those cases and say, “No, it is too complicated. The legal aid money does not cover it. Why would I bother doing that when I can do an easier case?” There is a significant problem. If the Government are going to make sweeping changes, especially the significant number of reassessments, they need to fix the legal aid system, or people with protected characteristics will be negatively impacted even more than the people without protected characteristics.

Going back to the family reunification changes that are being suggested, Home Office figures tell us that 92% of the people who receive grants under family reunification are women and girls—92%. On the massive reduction in the number of family reunification applications that are accepted or in family reunification routes, 92% are women and girls. I do not understand how the Government can suggest there is not a disproportionate impact on people with protected characteristics when just this one specific measure has a massive impact on women and girls specifically. I understand why the Government have not produced an equality impact assessment. They do not want to see what is in such an assessment, but they should produce one. They have a public sector equality duty to do so. The Home Office is still bound by the public sector equality duty. It does not not apply to the Home Office. It applies to the public sector and it has not published one.

On the length of time and the possibility of people being required to wait 20 years to receive leave to remain, we know that the lack of stability adds a significant negative impact on people. We know that that lack of stability is multilayered in the impacts that it has. I have already touched on the issues with employment. Employers are less likely to take people on if they do not have permanent leave to remain. Employers do not necessarily understand the immigration system. Good employers can be terrified of falling foul of the Home Office. If they can see that somebody was born in another country and does not have citizenship yet, they decide not to employ them. That means people are stuck in limbo for a significantly longer time because of the Government’ s decision—much longer than in some other countries, by the way.

Not enabling people to work at 12 months makes us an outlier in Europe. In some EU countries, people can work from day one. In many countries they can work from two months. That gives an increased level of stability than if requiring people to be out of work for 12 months, and then only able to access jobs on the occupation shortage list or immigration list. Some of those jobs are not as acceptable or not as possible for people who have protected characteristics. A disabled person may not be able to access some of those roles. If we are more flexible in the roles that people can access, we are more likely to have people able to contribute, because they will be more able to do jobs that work for them.

That lack of stability also means, potentially, that people will have no recourse to public funds for a significant length of time. No recourse to public funds is horrific and should be cancelled, particularly for those people with dependants. I never again want to see a family come in to my office whose children are malnourished because the UK Government have said that they have no recourse to public funds, or who are being threatened with homelessness because they are unable to claim anything. I had a family come in whose four children had not eaten fruit for days. How is it acceptable that the UK Government can decide that people have no recourse to public funds, and then keep them in limbo for such a long period?

Women for Refugee Women looked at the number of destitute women and spoke to them about what destitution meant for them in the asylum system. Of the women in the asylum system who had no recourse to public funds, 38% had stayed in an abusive relationship because of their inability to access public funds and the fear that they would be homeless or destitute as a result of leaving that relationship. A further 38% of those women who stayed in abusive relationships were raped as a result. The UK Government’s policies are forcing women into destitution and unsafe situations and relationships. Among women in that group who were destitute as a result of the UK Government’s policies, 8% were forced into sex work to get enough money to feed themselves or their children, or to clothe their children. How is this a humane situation when it is negatively impacting women more than men and where those protected characteristics are not being protected?

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for securing this debate. There have been incidents in the last year, which I am sure the hon. Lady is aware of, where women have been trafficked into the United Kingdom. They have been brought in illegally and when they are sometimes able to escape from their captors or kidnappers—their pimps or whatever they call them—they then find themselves in an unbelievable circumstance where they are here illegally. However, that is not by their own choice but through the coercion of others. Does the hon. Lady feel that there must be some methodology to help those people who are victims and find themselves in unbelievable circumstances?

[Kirsty Blackman]

There should be some methodology, but the Government are going the wrong way on this. They are looking to tighten up the modern slavery and trafficking regulations and make it more difficult for women to claim that they have been trafficked—even when they have. We know that there are women that have been held in Yarl’s Wood or detention centres after being trafficked because they do not have the correct paperwork. Of course they do not have the correct paperwork; they have been trafficked, used in sex work and forced into these horrific situations, and the Government are putting them in a detention centre and then saying that they will not get a visa because they did not have the right documentation.

We have a responsibility to protect people. It says in “Restoring Order and Control” that there are some rules in relation to the European convention on human rights and the Refugee convention around which there are not discretionary powers. For some—for example, in relation to family life—the public interest can be balanced against that requirement. However, when it comes to trafficking, the Government do not have that discretion. If they refuse to believe trafficked people, and it is later agreed that those people have been trafficked, the UK Government are putting them through more trauma. They are putting people who have experienced worse things than most of us could ever imagine through more trauma because they refuse to believe them. Then, because they may disclose this late, as they do not want to talk about the sex work that they have been forced into and the rapes they have suffered—because it is very difficult to talk about those things—the UK Government say to them, “Well, you didn’t disclose this in time, so you can’t be a true asylum seeker. You can’t be a true refugee because you didn’t come forward and talk about the most horrific moments in your life to a man that you don’t know.” That is in relation to legal aid support.

There are major issues with the continuing lack of stability. The changes away from hotel accommodation to some of the accommodation at barracks can mean that people are more isolated and less able to access support. In Aberdeen, we have little in the way of lawyers who can cover asylum cases—and immigration lawyers in general, actually—and people are having to travel significant lengths in order to get that, on their £7 or £9 a week. Someone cannot get from Aberdeen to Glasgow on seven quid a week—it cannot be done for less than about 30 quid, unless it is on a Megabus, and even that can be quite dear.

Accommodation does not take into account the fact that provision is not there. If people are going to be put in Cameron barracks in Inverness, for example, it is even more difficult for them to get to Glasgow or Edinburgh in order to speak to the right lawyer who will be able to help and be willing to take on their immigration case. Creating that extra level of isolation for people who are already struggling—putting people in an isolated community in the Cameron barracks, rather than in a community setting where they can integrate—means that people who are isolated will become even more so, and people who are at risk will become even more at risk.

We know that even in hotels, people suffer as a result of their protected characteristics, and who are at risk of harm as a result of unsafe situations. That is multiplied when people are moved out of hotels into places such as barracks.

I have a few more things to cover. In relation to the assessment of safe countries for removal, the blanket designation of a country as safe is inherently incredibly risky. It may be safe for some people to be in Syria right now, but it is not safe for everyone. It is not safe for a Syrian woman who came here as a result of gender-based violence to go back to her family in Syria—or to go back to Syria at all—because of the likelihood that her family would take action against her. It is not safe for a gay person who fled because they were correctively raped to go back to Syria.

The decision about blanket designations is really difficult, considering the Government are saying that they are looking at vulnerable groups and talking about individuals. Creating a blanket safe designation that can be changed at any point in that 20-year period means they can suddenly say to someone, “You are going to have to go back to this country where you were correctively raped, because the UK Government have now decided—with very little in the way of parliamentary scrutiny—that this country is safe.” The problem is that we have not got that information. The Minister may feel that there will be special categories in place, but we have not been told that. We have not been given the impact assessment for how that will look. We have not been told what those provisions will be. Somebody who is living here, who is terrified about being sent back, has no comfort right now, because they do not know whether their case will be considered separately or whether their country will just be deemed safe and they will be sent back.

Child Poverty and No Recourse to Public Funds

Debate between Kirsty Blackman and Jim Shannon

Wednesday 11th June 2025 Westminster Hall

[Kirsty Blackman]

Does the hon. Gentleman agree, though, that that should not be the case? Those families should get support without needing a food bank to step in. Some people will always fall through the cracks, but it feels as if this is a system-wide problem, rather than just a couple of individuals falling through some cracks.

[Jim Shannon]

It is wrong that that happens—I always say that—but the food bank brings together the church, Government officials and people with good will. It is about the generosity of people. I hope that that does not sound negative to the hon. Lady, because it is not supposed to be, but I see the positives of food banks. I understand the reasons for her position, but I am always moved by the goodness of people who say, “This week, I am going to contribute some of my income to the food bank.” Uptake of the food bank in Newtownards is significantly up on the year before. She is right that it should not have to happen, but it does happen, and it is good that people step up.

I have met food bank representatives in my constituency, and the work they do each day to help others is incredible. For parents with babies, the food bank provides nappies, milk formula and other essentials that children require, which are increasingly expensive. The food bank steps outside the norms and, as the hon. Member for Aberdeen North will know, it helps people with pets, for example. Those who are diabetic can access certain types of food that will not impact their diabetes. With inflation at just over 3%, we have to recognise the importance of food banks.

There must be greater capacity for free school meals across the UK, as I have said before in this House and directly to Ministers in the Northern Ireland Assembly. The figures highlight the need for change. In March 2024, the Royal College of Paediatrics and Child Health revealed that 109,000 children in Northern Ireland were in relative poverty. With some 97,000 to 98,000 children receiving free school meals in Northern Ireland, there is a potential shortfall of around 11,400 children who are eligible for assistance and are not claiming.

What happens in Northern Ireland is not unique—it happens everywhere in the United Kingdom—so how will the Government reach out to those who are unable to take advantage of the system put in place by the Governments here and back home in Northern Ireland? More must be done to make parents aware of what they are entitled to.

I will bring my comments to an end, but I look to the Minister for reassurance that he hears the comments of Members from across this United Kingdom. Our children are important. I do not doubt for one second that he agrees with what we are saying, but I suppose we are looking for how we can address this issue—it is about solutions. First, support for parents is pivotal. Secondly, support must be accessible. Thirdly, we have a responsibility to ensure that we do not make life harder for our constituents.

I am ever mindful that responsibility is sometimes devolved, and that the devolved institutions sometimes have the responsibility, but this place could be the great convincer—it starts here at Westminster and filters out to Scotland, Wales and Northern Ireland—in how to do it better. With great respect, I ask the Minister to engage with the devolved institutions to protect our children, get them out of poverty and, importantly, give them the best possible start in life.