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MPs often receive questions from constituents about the UK asylum system and financial support for people seeking asylum. The House of Commons Library published on 16th September 2025 a list of the common questions asked and the issues which were covered.
Below is a summary of some of the questions published by the research briefing.
1. Why are people who arrive by small boat allowed to stay in the UK?
Those who arrive on small boats claim asylum and under UK law, which reflects the United Nations Refugee Convention, someone with a pending asylum claim cannot be sent back to their home country, because the basis of the asylum claim is fear of persecution or serious harm at home. If an asylum claim is accepted, they are granted refugee status which gives them legal residence in the UK and if it is refused, they can legally be removed but in practice removal is difficult if the home country does not cooperate.
On 18th September 2025, the first channel migrant was deported to France under the prime minister’s ‘one in, one out’ deal. He is the first of up to one hundred channel migrants detained by Border Force at the start of August who are to be sent back to France. The second migrant is to be sent after the Home Secretary saw off the fresh high-court challenge by his lawyers seeking to delay his removal to France. Moving forward, migrants will only be allowed to appeal through Judicial Review after being deported to France. The Home Secretary also ordered a review of the UK’s modern slavery laws to prevent migrants making “vexatious last-minute appeals” to block their deportations. According to the Telegraph, this removal follows three consecutive days, when the Home Office failed to remove a single migrant, based on the challenge of being victims of modern slavery and trafficking. If the migrant from India has his asylum claim refused, he is likely to face expulsion to India as France has a reciprocal arrangement with India to accept enforced returns.
2. Why aren’t small boat arrivals arrested and detained?
Unauthorised migrants are administratively arrested by immigration officers and briefly detained for questioning, but they cannot be detained beyond the initial examination. UK law only allows for people to be detained for immigration purposes where there is a realistic prospect of removal within a reasonable period of time.
Someone who has claimed asylum usually has a legal right to be in the UK until that claim is decided. So, there is no realistic prospect of removal within a reasonable period, given that asylum decisions take months or years to process.
3. Can asylum be refused if the person could have claimed it in another safe country such as France?
The UN Refugee Agency says that it is not required by the Refugee Convention or international law for people to claim asylum in the first safe country they reach. People who have passed through a safe country can nevertheless be denied access to the UK’s asylum system and the law allows the Home Secretary to declare an asylum claim as inadmissible if the person was previously in another country where they could have claimed asylum. However, this is not enforceable unless another safe country is likely to accept the person “within a reasonable period of time”. Therefore, the Home Office is not able to arrange this in practice. Although it began a pilot scheme with France. The Telegraph reported on 19th September 2025 that asylum seekers told the newspaper “that if deported back to France, they would return to Britain again and again”.
4. Why are unauthorised migrants provided support with maintenance money and accommodation?
Illegal immigrants who are outside the asylum system are not allowed to claim most forms of social welfare. By contrast, asylum seekers who state they are destitute can apply to the Home Office for accommodation or subsistence payment, or both while they are waiting for a decision on their asylum claim. This is commonly referred to as asylum support. A person is destitute if they do not have adequate accommodation or any means of obtaining it, or if they have adequate accommodation or the means of obtaining it but cannot meet their other essential living needs.
5. When can asylum seekers be granted legal residence in the UK?
There are two main types of legal status that can be granted to people who claim asylum. These are refugee status or humanitarian protection. Under the Immigration Rules, the central requirement for refugee status is that the person is a refugee, as defined in Article 1 of the 1951 convention. Humanitarian protection does not require a person to be a refugee under the 1951 Convention, but instead allows them to be granted asylum if they would face a real risk of suffering serious harm. The Immigration Rules define “serious harm” to mean the death penalty, unlawful killing, torture, inhumane or degrading treatment or punishment. People granted either refugee status or humanitarian protection status have a right to work in the UK and access the welfare system on the same basis as British citizens and permanent residence.