Shabana Mahmood’s decision to tell all asylum seekers from Monday that their status is temporary could undermine the refugee convention, the Law Society said.
The body representing solicitors in England and Wales said the Home Secretary’s decision to review each refugee’s status after 30 months was “in tension” with the UK’s legal obligations.
Keir Starmer’s government is preparing to announce a series of hardline policies aimed at deterring people from traveling to the UK to seek asylum.
Mahmood, who is closely associated with her party’s Blue Labor wing, has faced a backlash from MPs, peers and affiliated unions for pushing ahead with policies after Labor came third in last week’s Gorton and Denton by-election.
Starting Monday, refugees will need to obtain renewed permission to stay or apply for a visa route like any other authorized immigrant, including paying associated fees. The policy change is modeled after the strict Danish system.
President of the Law Society of England and Wales, Mark Evans, said: “The rules announced today will create prolonged uncertainty for people who want to live free of danger and have been recognized by the government as needing protection.
“The changes come into tension with article 34 of the refugee convention, under which the United Kingdom has agreed to facilitate as far as possible the assimilation and naturalization of refugees.”
Article 34 of the convention, signed by the United Kingdom in 1951, says: “The Contracting States shall facilitate as far as possible the assimilation and naturalization of refugees. In particular, they shall do everything possible to expedite naturalization procedures and reduce as far as possible the charges and costs of such procedures.”
Organizations working closely with refugees have raised concerns about the proposals, saying they will re-traumatize people who came to the UK from war zones and suffered torture.
Sophie McCann, protection and forced displacement adviser for Doctors Without Borders UK, said the incident was “another cruel event that will harm people who have fled the horrors of conflict, violence and persecution.”
“Bringing prolonged uncertainty and fear into the asylum system will create further psychological harm and inhibit the ability of refugees, including our patients, to recover from their experiences and rebuild their lives with dignity,” he said.
Natasha Tsangarides, associate director of Freedom from Torture, said: “This policy change will affect men, women and children who have been recognized by our government as needing protection from torture and war. They have fled countries such as Iran and Sudan for defending the same freedoms we cherish in Britain.
“The granting of refugee status should be a moment of celebration: a gateway to a new life and the opportunity to leave behind the horrors they have endured. They will now have to relieve that trauma every 30 months.”
The Home Office has been contacted for comment.
