Asked by: Stephen Kinnock (Labour - Aberavon)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the conclusions of the Independent Review of the Overseas Domestic Workers Visa by James Ewins, published on 16 December 2015, relating to protection of employment rights of migrant workers in private households, if he will (a) review and (b) reverse changes to the rules for that visa.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Home Office keeps immigration route policy under review, including that for the Overseas Domestic Worker route. We have introduced a number of reforms to the route for overseas domestic workers since 2015; designed to build on existing safeguards and in line with the broader immigration system. Employers of overseas domestic workers must act in accordance with UK employment law, and workers who find themselves a victim of modern slavery are protected by the National Referral Mechanism and may be eligible to apply for permission to stay as a domestic worker who is a victim of modern slavery.
Asked by: Stephen Kinnock (Labour - Aberavon)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the Independent Review the Overseas Domestic Workers Visa by James Ewins, published on 16 December 2015, what the Government's policy is on the implementation of proposed changes in that review to the overseas domestic worker visa rules that have not yet been implemented.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Home Office keeps immigration route policy under review, including that for the Overseas Domestic Worker route. We have introduced a number of reforms to the route for overseas domestic workers since 2015; designed to build on existing safeguards and in line with the broader immigration system. Employers of overseas domestic workers must act in accordance with UK employment law, and workers who find themselves a victim of modern slavery are protected by the National Referral Mechanism and may be eligible to apply for permission to stay as a domestic worker who is a victim of modern slavery.
Asked by: Stephen Kinnock (Labour - Aberavon)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when his Department last reviewed the potential risk of abuse and exploitation of migrant workers under the overseas domestic worker visa rules.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Home Office keeps immigration route policy under review, including that for the Overseas Domestic Worker route. We have introduced a number of reforms to the route for overseas domestic workers since 2015; designed to build on existing safeguards and in line with the broader immigration system. Employers of overseas domestic workers must act in accordance with UK employment law, and workers who find themselves a victim of modern slavery are protected by the National Referral Mechanism and may be eligible to apply for permission to stay as a domestic worker who is a victim of modern slavery.
Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people from Rwanda were granted asylum on (a) human rights and (b) other grounds in each year since 2010.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The UK has a proud history of providing protection to those who need it, in accordance with our international obligations under the Refugee Convention and the European Convention on Human Rights (ECHR). Those who need protection are normally granted refugee status or humanitarian protection.
The Home Office publishes data on asylum in the ‘Immigration System Statistics Quarterly Release’. Data on asylum decisions by nationality are published in table Asy_D02 of the ‘Asylum Applications, Decisions and Resettlement detailed datasets’. Information on how to use the dataset can be found in the ‘Notes’ page of the workbook. The latest data relates to 2023.
All asylum and human rights claims lodged from within the UK and admitted to the UK asylum system, including those seeking asylum from Rwanda, are carefully considered on their individual merits in accordance with our international obligations, and against the background of relevant case law, policy guidance and the latest available country of origin information.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask His Majesty's Government how many Rwandan nationals have been granted (1) refugee status, or (2) other leave to remain, in the UK since April 2022; and what are the principal reasons for granting.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
The Home Office publishes data on asylum in the ‘Immigration System Statistics Quarterly Release’ on gov.uk. Data on initial decisions by nationality are published in table Asy_D02 of the ‘Asylum applications, decisions and resettlement detailed datasets’. From April 2022 until December 2023, 9 main applicant Rwandan nationals were granted refugee permission and 1 main applicant was granted other leave.
All asylum and human rights claims lodged from within the UK and admitted to the UK asylum system, including those seeking asylum from Rwanda, are carefully considered on their individual merits in accordance with our international obligations, and against the background of relevant case law, policy guidance and the latest available country of origin information.
Asked by: Rupa Huq (Labour - Ealing Central and Acton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he plans to publish guidelines that protect LGBT+ refugees in relation to her proposals to offshore refugees to Rwanda.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
Protection from discrimination is enshrined within the Rwandan constitution. Rwanda does not criminalise or discriminate against sexual orientation in either law or policy.
The published country information notes (CIN) for Rwanda have been updated and can be found at the following link: Safety of Rwanda (Asylum and Immigration) Bill: supporting evidence - GOV.UK (www.gov.uk), along with other supporting evidence relating to the safety of Rwanda.
Asked by: Rupa Huq (Labour - Ealing Central and Acton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has made an assessment of whether Rwanda is a safe country to which to send LGBT+ refugees.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
Protection from discrimination is enshrined within the Rwandan constitution. Rwanda does not criminalise or discriminate against sexual orientation in either law or policy.
The published country information notes (CIN) for Rwanda have been updated and can be found at the following link: Safety of Rwanda (Asylum and Immigration) Bill: supporting evidence - GOV.UK (www.gov.uk), along with other supporting evidence relating to the safety of Rwanda.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether the effect of the Safety of Rwanda (Asylum and Immigration) Bill will be to disapply the EU Charter of Fundamental Rights in Northern Ireland.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
The Safety of Rwanda (Asylum and Immigration) Bill will apply in full in Northern Ireland in the same way it does in the rest of the UK. This is set out on the face of the Bill, reflecting that immigration policy is a UK-wide matter.
The Charter of Fundamental Rights does not form part of domestic law anywhere in the UK, including Northern Ireland.
The published factsheet on this Bill has been updated to reflect the government position on the Bill in Northern Ireland: Safety of Rwanda (Asylum and Immigration) Bill: factsheet - GOV.UK (www.gov.uk).
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government what steps they are taking to ensure that the Safety of Rwanda (Asylum and Immigration) Bill does not undermine the UK's duty to incorporate the European Convention on Human Rights into the law of Northern Ireland, including facilitating both (1) direct access to the courts, and (2) remedies for breaches of the Convention.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
The Safety of Rwanda (Asylum and Immigration) Bill will apply in full in Northern Ireland in the same way it does in the rest of the UK. This is set out on the face of the Bill, reflecting that immigration policy is a UK-wide matter. There is nothing in the Windsor Framework that affects that. The Bill does not engage the Belfast (Good Friday) Agreement, including the rights chapter – those rights seek to address longstanding and specific issues relating to Northern Ireland’s past and do not extend to matters engaged by the bill. The Government remains fully committed to that Agreement in all its parts.
I have written to Sir Jeffrey Donaldson in relation to this. The letter will be published in the House Library in due course.
To provide further reassurance on these points, the published factsheet on this Bill has been updated to reflect this: Safety of Rwanda (Asylum and Immigration) Bill: factsheet - GOV.UK (www.gov.uk)
Asked by: Angela Crawley (Scottish National Party - Lanark and Hamilton East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has made an assessment of the conformity of adding Georgia to the list of Safe States with the duties laid out in section 80AA(4) of the Nationality, Immigration and Asylum Act 2002 on LGBTQI+ people seeking asylum.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
In order to inform ministerial decision making on whether to add India and Georgia to the list of Safe States in section 80AA of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002), we made an assessment of the general situation in both countries, using evidence from a wide range of reliable sources in order to do so. This was in line with the requirements at section 80AA(3) and 80AA(4) of the NIAA 2002 (as inserted by section 59(3)(3) and 59(3)(4) of the Illegal Migration Act 2023).
Through considering country information and each country’s respect for the rule of law and human rights, we assessed that both countries met the criteria. Further information on the situation for LGBT people in Georgia and India is contained within our published Country Policy and Information Notes, available on Gov.Uk.