The Home Secretary already has the legal power to refuse asylum to all those arriving from FranceThu 10:57 am Europe/London, 17 Nov 2022 1
Twenty years ago, Britain’s then Home Secretary struck a deal with France that would end the problem of asylum -seekers sneaking into this country from the French coast.
That same year, a law was passed in this country which gave the Home Secretary the legal power to refuse asylum to everybody arriving from France.
This law is not, and has never been, used
This is the legislation
[F1[F280BAsylum claims by persons with connection to safe third State
(1)The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.
(2)Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(3)A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.
(4)For the purposes of this section, a State is a “safe third State” in relation to a claimant if—
(a)the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,
(b)the State is one from which a person will not be sent to another State—
(i)otherwise than in accordance with the Refugee Convention, or
(ii)in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and
(c)a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.
(5)For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.
(6)The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.