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The six key measures Labour hopes will restore control of the asylum system

Home Secretary Shabana Mahmood has said the current asylum system is “out of control and unfair” as she announced reforms aimed at deterring illegal migration.

Shabana Mahmood

Shabana Mahmood has vowed to reform the asylum system (Image: Parliament TV)

Home Secretary Shabana Mahmood has proposed a series of radical reforms to the UK asylum system.

Refugee protection no longer permanent

Successful asylum applicants will only have “temporary” leave to remain in the UK and this will be reviewed every two and a half years.

Previously, refugees were allowed to stay for five years and then they could apply for indefinite leave to remain.

This is a key element of Denmark’s asylum system, which Labour is copying.

Will it work? In theory, yes. It had huge success in Denmark and led to an astronomical fall in asylum application.

But it is likely to be one of the main targets for left-wing MPs furious with the Government.

Settlement rights after 20 years

Refugees, under Labour’s plans, will be forced to wait 20 years before they can apply for indefinite leave to remain. This is up from the current five years and it will likely mean many refugees return home because their country has become safe again.

Will it work? The Tories argue that this measure will fail. This is because migrants will still have the incentive of trying to vanish into the black economy.

Article 8 reforms

Human rights laws will be overhauled to prevent the farcical decisions seen in tribunal hearings involving failed asylum seekers and foreign criminals.

What constitutes a family member will be refined to just “parents and their children”. This is to stop migrants making spurious claims based on members of their extended family.

Judges will also be told to prioritise public safety and immigration controls over Article 8 claims.

Will it work? If Labour can get it through. But this has been tried before. The Tories tried it under Theresa May and it didn’t stem the flow of ludicrous claims under Article 8.

Deporting families

Labour has vowed to deport families whose asylum claims have been rejected. The Home Office argued the previous refusal to do so has created “perverse incentives” to cross the Channel and claim asylum, clogging up accommodation.

The Home Office said it has been unable to deport families even to other European countries.

Families will be offered cash to leave, but should they refuse, they will be forcibly deported.

Will it work? Not if backbench Labour MPs have anything to say about it. This proposal is likely to stir up the most anger amongst backbench MPs.

Reform of Article 3

This will be trickier for the Government as it will require international cooperation. Article 3 of the ECHR – the right to freedom from persecution and torture is an “absolute” right. This means the public interest cannot be weighted against it.

The Home Office wants European nations to reform it amid fears it is being abused.

Will it work? If the the UK, and every other European country, could pull it off. But Strasbourg earlier this rejected calls for reform. And it’s extraordinarily unlikely every Government could agree on the changes it wants to see.

Removal of asylum support

The legal obligation to provide support to destitute asylum seekers will be replaced with a discretionary power. This, in practice, means refugees with the right to work will lose out on support, including asylum accommodation.

Will it work? No, as Labour MPs will fight this tooth and nail in the same way they did proposed welfare reforms.

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