ELIZABETH II

Treating Refugees and Asylum Seekers as Humans Act 2022

2022 CHAPTER 10

An Act to make the well-being of refugees and asylum seekers, reaffirm the United Kingdom's commitment to human rights, prevent unjust deportations, provide safe-routes into Britain, make provisions for the naturalisation of unregistered residents in the United Kingdom, and for connected purposes.
Bill ID LB9-05
Author(s) The Rt Hon & Rev Sir Dafydd ap Llywelyn KCTL KOBC, 2nd Earl of Conwy
Amended by N/A
First reading 2022 June 17
Royal assent 2022 August 19
Commencement 2022 August 19
Affected legislation N/A

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Definitions

  1. For the purposes of this Act, the term "person seeking refuge" is used to refer to all types of refugees, asylum seekers, and migrants who are seeking refuge in the United Kingdom.

2 Rights of persons seeking refugees

  1. The rights contained within the Human Rights Act 1998 and the European Convention on Human Rights shall apply to all persons seeking refuge.
  2. Any person seeking refuge who has submitted an asylum application shall be granted a leave to remain until their application gets processed plus 60 days.
  3. A person seeking refuge shall be allowed to get a National Insurance number and to work in the United Kingdom from the moment they arrive until their asylum application gets processed.
  4. The way in which a person seeking refuge arrived in the United Kingdom shall have no impact on the validity of their asylum application.

3 Protections against unjust deportation

  1. Deportations that breach a person seeking refuge's rights shall not take place.
  2. A Secretary of State or Minister of the Crown may not by regulations or order-in-council send persons seeking refuge to a third country.
  3. In this section a "third country" is used to refer to any country in which the person seeking refuge has no connection.

4 The right to safe-passage

  1. Any person seeking refuge in the United Kingdom shall be able to do so from outside the United Kingdom.
  2. The Home Office shall be responsible for ensuring that safe ways of crossing the English channel exists, and that persons seeking refuge have sufficient support in filing their asylum applications.
  3. The Secretary of State may by regulations make the required provisions for subsection (2) of this section to be fulfilled.
  4. Any person seeking refuge who has applied for refuge in the United Kingdom shall be able to arrive in the United Kingdom unhindered.

5 Naturalisation of non-registered residents

  1. Any person who have resided within United Kingdom for more than five years without a valid residence permit shall be granted indefinite leave to remain.
  2. A person who apply for indefinite leave to remain under this section shall not be punished or deported for failing to obtain a valid residence permit.
  3. An indefinite leave to remain granted under this section is to be considered sufficient for an application for citizenship as any other indefinite leave to remain.
  4. Once an application has been submitted under subsection (1), the applicant shall be eligible to receive medical assistance through the National Health Service and to receive a National Insurance number.

6 Short title, commencement, and extent

  1. This act extend to United Kingdom of Great Britain and Northern Ireland.
  2. This act may be cited as the Treating Refugees and Asylum Seekers as Humans Act 2022.
  3. The rest of this act comes into force upon royal assent.
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