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Changes to the Immigration Rules to ‘support our efforts to intensify the response to small boats and clandestine entry’ 

shawn mach

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Joined: 14 April 2010

New statement of changes to the Immigration Rules ... includes clarification of the places and circumstances in which an asylum application may be properly made to ‘support our efforts to intensify the response to small boats and clandestine entry and lay the groundwork for new legislation next year.’

From the explanatory memo:

In broad terms, paragraphs 345AC-345D, as will apply from 1 January 2021 if we make no changes, provide a means to treat as inadmissible to the UK asylum system the claim of someone who has travelled through or has a connection to a safe third country; this will include individuals coming from EU Member States.

However, as currently drafted, they allow claims to be treated as inadmissible only if the asylum applicant is accepted for readmission by the third country through which they have travelled or have a connection. A stronger approach to disincentivise individuals is needed to deter claimants leaving safe third countries such as EU Member States, from making unnecessary and dangerous journeys to the UK. 

The changes separate the readmission requirement from the inadmissibility decision, allowing us to treat applicants as inadmissible based solely on whether they have passed through one or more safe countries in order to come to the UK as a matter of choice. They will allow us to pursue avenues for their removal not only to the particular third countries through which the applicant has travelled, but to any safe third country that may agree to receive them.