Torture survivors condemn new rules from UK Home Office

The National

2 days ago

TORTURE survivors and charities in Scotland have condemned the UK Government's citizenship ban for refugees, arguing it means people with the legal right to live here are now 'second-class' citizens living in fear of deportation.
New Home Office rules mean thousands of people who have come to the UK in small boats or hidden in lorries will normally be refused citizenship – even if their claim for political asylum is granted.
Most people who enter the UK on small boats to claim political asylum, having escaped war and persecution, are eventually granted refugee status and many claim British citizenship.
The new ban could affect at least 71,000 people and it prompted 148 organisations and individuals to write to Home Secretary Yvette Cooper, urging her to reverse the decision.
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Signatories to the letter claim the new rules break international law and discriminate against refugees, thousands of whom will be denied rights and left living their lives in 'limbo'.
Campaigners also argued the ban makes it more difficult for refugees to integrate into society and risks 'playing into toxic politics' which is 'manipulated by the far-right to bring hate and disorder to our streets'.
Last summer, rioters in England attacked mosques and tried to burn down hotels housing asylum seekers, and in recent days, protests down south turned violent again after crowds targeted a hotel in Epping, Essex, which houses people seeking sanctuary in the UK.
The Government faces a 'powder keg' situation, amid fears that far-right violence targeting migrants could erupt across England again in coming days and weeks.
People in Scotland affected by the citizenship ban spoke to The Ferret following debates this month at Westminster over the government's Border Security, Asylum and Immigration Bill (Borders Bill) which is making its way through the UK Parliament.
The UK Government's bill – a response to the small boats crossing issue – is designed to 'strengthen UK border security'.
Peers supportive of refugees, however, have tabled amendments to the bill and, if accepted, they would change the new Home Office guidance on citizenship.
Citizenship applications
The new guidance for Home Office visa and immigration staff update the 'good character' requirement for British citizenship applications.
Anyone who arrived without valid entry clearance or electronic travel authorisation after undertaking a 'dangerous journey' – such as crossing the English Channel in small boats or concealed in vehicles – will almost certainly be refused citizenship, critics said.
These changes apply to applications made on or after February 10, 2025, but people who came to the UK prior to then are still affected, even though they could have lived in the UK legally for years.
The new guidance says: 'A person who applies for citizenship from February 10, 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey will normally be refused citizenship.'
Critics of the ban say most refugees have no choice but to take irregular routes to reach the UK due to the lack of safe and legal alternatives. They claim the guidance breaches international law, because Article 31 of the UN Refugee Convention protects refugees from penalties for irregular illegal entry.
Seeking UK citizenship costs £1735 an application, and there is no right of appeal against a refusal.
Borders bill
THE Government's Borders Bill has passed through the House of Commons and is now with the House of Lords for consideration.
An amendment – tabled by the Bishop of Chelmsford with support from Baroness Lister of Burtersett, Lord German and Lord Kerr of Kinlochard – aims to mitigate the 'most damaging impacts' of the citizenship ban.
The new clause would ensure the good character requirement is not applied contrary to the UK's international legal obligations.
With Westminster now in summer recess, the bill won't be debated again until September/early October.
Once peers have finished examining the draft legislation, any amendments made will be sent back to the House of Commons for agreement or further negotiation – a political process often referred to as 'ping pong'.
Reaction
Those affected by the ban include Yahya Fasi, a youth football coach with the St Mirren football club charitable foundation who is a refugee from Syria. A former professional football player in Damascus, he has lived in Rothesay, Bute, since 2020, where his family has a barbershop, beautician business and a patisserie.
He told The Ferret that he and his family have 'worked hard' towards getting citizenship, and did everything asked of them, adding that the ban is 'heartbreaking'.
(Image: SNS)
'To now be told we can't even apply is deeply disappointing. We've built our lives here from nothing. We've always tried to give back to the community and to contribute in any way we can, because Bute feels like home,' Fasi said.
'It's where we finally felt safe, where our children are growing, and where we've started to heal. We don't want to go back to Syria. We have no one left there, no family, no home. Everything we had was destroyed. Even speaking about it brings back painful memories we try to forget.'
Gulan, a refugee who came to Scotland with her two children to escape torture in Iraq, said she faced 'horrible and unbearable violence' at home and had 'no choice but to leave', adding that the journey was 'extremely dangerous'.
She said: 'Over the years, we have integrated into the community and found happiness. With our skills and experiences, we deserve to be treated with dignity and respect as any citizen.
'We haven't done anything wrong; we shouldn't be punished for taking the only option we had left when other legal ways to survive just weren't available.'
Ahlam Souidi, a senior community development worker at Freedom from Torture, a charity in Glasgow that helps refugees, said many of the torture survivors she works with took 'extraordinarily dangerous journeys, compelled by desperation' and with no 'viable alternatives'.
'If the Government really follows through with blocking refugees from getting citizenship, the UK will be taking a huge step backwards,' she argued. 'This approach doesn't align with our values as a compassionate society and will only cause further distress to the survivors I work with every day. We urge the Government to immediately reconsider.'
Her views were echoed by Sabir Zazai, chief executive at the Scottish Refugee Council, who claimed the policy change will have a 'significant long-term impact' on many people already in Scotland, who are 'working and contributing' to the economy and culture.
'This change doesn't discriminate between refugees, victims of trafficking, or children,' he said. 'It doesn't consider the unique vulnerabilities and complex backgrounds of people seeking protection, many of whom have fled unthinkable circumstances.
'British citizenship is the beginning of many people's integration journey. Without it, people do not have the right to vote in UK elections. They do not have the freedom to travel, or work in many government jobs. But worst of all, they remain at risk of detention or deportation.'
A Home Office spokesperson said: 'Citizenship applications will continue to be considered on a case-by-case basis.'
Syrian asylum claims resume
It emerged this month that the UK Government would start processing Syrian asylum claims again. Last December, decisions were suspended after President Bashar al-Assad was overthrown by an Islamist militant group called Hayat Tahrir al-Sham, after years of civil war.
This left in limbo more than 7000 Syrians in the UK waiting for a decision on an asylum claim.
In parts of Syria, the security situation remains unstable and there has been fighting in the province of Suweida between Druze and Bedouin militias, as well as government forces, in recent weeks.
The latest violence started last week. A few days later, Israel got involved and launched air strikes, saying it was protecting the Druze against government forces.
At time of writing, more than 1100 people are reported to have been killed in Suweida, according to the Syrian Observatory for Human Rights, which is based in the UK. Meanwhile, the UK Government has published updated guidance for officials to make decisions on Syrian asylum claims. It says that about 60% of the population suffers from food insecurity, millions live in inadequate accommodation, roughly half of the hospitals are non-functional, and millions face issues accessing sufficient clean water and safe sanitation systems.
The guidance continues: 'There are approximately 7.4 million internally displaced persons in Syria, with more than two million living in temporary shelter arrangements such as camps, which suffer from severe overcrowding and poor living conditions.'
However, there is a caveat that 'the general humanitarian situation in Syria is not so severe that there are substantial grounds for believing that there is a real risk of serious harm' if someone is returned. 'All cases must be considered on their individual facts, with the onus on the person to demonstrate they face persecution or serious harm,' the guidance adds.
The Home Office has been asked to comment.