My call to widen family reunion rights for refugees

4 min read18 October

The UK’s response to asylum-seekers and refugees is politically sensitive, partly because it is often conflated with immigration. What is not contentious is the importance – to society and at an individual level - of family. Most cultures recognise it; ours does - politicians in the UK often make a point of saying so.

Refugees in the UK can sponsor their children to join them if they are under 18 or dependents. But the converse does not apply. A child who arrives alone seeking asylum and is granted refugee status or humanitarian protection (I will refer to both as “refugees” here) cannot bring family to follow him. My private member’s Refugees (Family Reunion) Bill, which has its second reading debate on Friday, addresses this.

This is the third Bill I have introduced on the issue since 2017, and my Lib Dem colleague Baroness Ludford has also introduced two. Neither of us, nor the various peers - other than ministers - who have spoken and given the Bills smooth passage through the Lords thinks the position is justifiable. I hope of course that the new government will see things differently. They have opened up one route (to Afghans who got separated from their family during the evacuation from Kabul Airport under Operation Pitting), and enabling family reunion would provide another safe route – the agencies in the sector are clear that the best way to “stop the boats” (the boats which are successors to the trains and lorries previously used by desperate asylum seekers) is to establish safe routes.

Possible numbers are hard to estimate. Since 2010 about 13% of refugees have been lone children. But experts say that by no means every lone child would apply, and it is heartbreaking to hear that many children positively do not want the authorities to try to trace their parents in their country of origin, even to let them know they are safe, for fear of endangering their families.

Family is important for a child’s development and well-being. Not only parents, siblings too. What a difference it must make in a strange country if you are with your brother or sister.

I have been urged to add more relatives to the list, which I well understand (my aunts were important to me), but I hope the government will see the Bill as the modest and doable beginning of change. The legislation could be extended if the Secretary of State so decides. Criteria would include any risk to physical, emotional or psychological wellbeing, and the best interests of the child.

The Bill is being debated on Anti-Slavery Day. A child’s interests include being safeguarded and, though there differing views about the causes, there is considerable concern that children without their family are particularly vulnerable to being trafficked.

Various cross-party Parliamentary committees support widening family reunion rights. Last year the Lords Justice and Home Affairs Committee, which I then chaired, heard from a child refugee: “Family reunion saved my life. When my siblings arrived here, I was happy. I just felt I got my life back.” There are so many stories – fact not fiction -like 15 year-old Bijan. He fled Iran with his mother and brother but they are stuck, homeless, in Turkey (not a signatory to the Refugee Convention). Who can be surprised that his behaviour is “challenging”.

There is currently scope for leave to enter the UK outside the Rules. But relying on Home Office discretion is uncertain. Will caseworkers assess your position as “compelling” and demanding “compassion”? Immigration Rules do not have the status of primary legislation, and can be altered by Ministers without coming to parliament. That is why the Bill would put all family reunion rights into statute.

The previous government’s objections to extending these rights to children largely centred on what they call a “pull” factor: parents sending a child alone to the UK to enable them to follow. Given the dangerous conditions at home and how appalling are the journeys made to get close to this country, this does seem “implausible”, the term used by another peer and a view widely shared. No-one has been able to tell me of any evidence for this; there is indeed no evidence to the contrary, but the point has been made in such a way as to lead me to think it’s just an excuse. There are after all quite enough “push” factors. It can be applied illogically too. I’ve been told of two children who reached the UK – they had started the Channel crossing with their parents, both of whom fell into the sea and are still in mainland Europe.

I’ve introduced the Bill not only because family reunion is logical, but because, quite simply, it’s right.

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