'Tartanised' Legislation & Policy

Evolution of Asylum Legislation in the UK

Legislation in the UK has evolved in response to the growth in the number of people claiming asylum. Globalisation, massive population growth and continuing persecution and conflict have ensured that numbers of people seeking asylum have grown considerably since the 1950s, peaking at over 85,000 applications in 2002. Successive Governments have adopted varying responses to manage the asylum process, although the general trend at a policy level has been to limit the rights and entitlements of asylum seekers. The following table details how legislation has evolved in the UK over the last 35 years:-

Legislation Main implications
Immigration Act 1971 Set out UK policy on asylum seekers. Introduced the power to detain asylum seekers
Carriers’ Liability Act 1987 Introduced fines for airlines and ferry-operators which carried undocumented passengers to the UK
Immigration & Asylum Appeals Act 1993 Introduced appeal rights for all asylum seekers, fast track procedures for assessing applications, finger-printing of applicants and the power to detain asylum seekers.
Asylum & Immigration Act 1996 Removed benefits to in-country applicants and introduced the ‘white list’ of safe countries, whose citizens’ asylum claims would be rejected. Introduced restrictions on employment.
Human Rights Act 1998 Incorporated the European Convention on Human Rights into UK law. Act allows asylum seekers who don’t qualify for refugee status to claim leave to remain if return to country of origin would infringe on their human rights.
Immigration & Asylum Act 1999 Asylum seekers removed from mainstream welfare system. National Asylum Support Service (NASS) created to administer support to asylum seekers, which included subsistence vouchers and the option of accommodation. Retrospective payment of income support to successful claimants. Office of Immigration Services Commissioner established. Increased powers for immigration officers; strengthening of immigration controls.
Nationality, Asylum & Immigration Act 2002 Cash vouchers introduced. Asylum seekers prevented from working or undertaking vocational training. Requirement for asylum seekers to report to immigration at agreed intervals. Non-suspensive appeals introduced, allowing immigration officials to return people with ‘clearly unfounded’ asylum applications without appeal. NASS Support contingent on asylum claim being submitted ‘as soon as reasonably practicable’ and on applicant’s co-operation with authorities. Failed asylum seekers without dependents ineligible for further support, but ‘Section 4’ support available to refused asylum seekers unable to return home. Voluntary Assisted Returns introduced for individuals wishing to return to home country. Exclusion of criminals from Convention protection.
Asylum & Immigration (Treatment of Claimant) Act 2004 Failed asylum seekers with dependents ineligible for further support; children would be supported and if necessary taken from their families. Criminal offence to enter UK with no travel documents ‘without reasonable excuse’. Section 4 support could be contingent on participation in community service activity. Retrospective payment of income support to successful claimants abolished. Appeals to be heard by Asylum and Immigration Tribunal; judicial oversight retained only where judgement contested on a point of law. Failure to co-operate with removal, without reasonable excuse, becomes a criminal offence.

CSMP is currently exploring the procurement of legal advice, which would allow us apply UK immigration legislation and policy to a Scottish context.