Illegal Migration Bill: UK will only detain and deport child refugees in ‘exceptional’ cases, ministers say

Ministers have pledged to ensure refugee children will only be detained in the UK in “exceptional” circumstances - and only deported to another country in “very limited” ones.

The amendments have been made to the UK Government’s upcoming Illegal Migration Bill after opposition MPs and backbenchers towards the left of the Tory Party called for unaccompanied minors, dependent children, and families to be excluded from the bill’s proposals - which currently include detaining and then deporting any migrant deemed to have arrived in the country illegally, such as by sending them to Rwanda.

To avoid an in-party rebellion, Prime Minister Rishi Sunak has moved to “enhance the safeguarding” of children under the proposed new legislation, with unaccompanied minors now only able to be removed from the UK in “very limited circumstances”, such as for a family reunion.

Meanwhile, child refugees will only be able to be detained in “exceptional” situations - and a further amendment that limits the amount of time those under the age of 18 can be held for will also be put forward.

It comes less than a week after MPs towards the right-wing of the Conservative Party successfully lobbied Sunak to harden other parts of the legislation, with new changes meaning Home Secretary Suella Braverman would be able to ignore attempts from the European Court of Human Rights (ECHR) to block migrant deportation flights.

This means the Home Office would be able to choose whether asylum seekers should be deported or not, with migrants only able to avoid being removed if they can prove they face “serious or irreversible harm” in the country to which they are being sent.

Speaking to Sky News on Sunday (23 April), Oliver Dowden, the newly appointed deputy prime minister, said it was “right” for the UK Home Secretary to have discretional powers when considering interventions from the ECHR.

However, he said the ability to block judges’ rulings would not apply to all verdicts, explaining: “I’m not saying that will give the Home Secretary carte blanche to overrule rulings. What I would say is that we are engaging very closely with the court - we are making very good progress.”

The Illegal Migration Bill has been the subject of serious controversy since it was first introduced in Parliament, with the Equality and Human Rights Commission warning it risks breaching international obligations to protect human rights - and various refugee charities saying it will breach the UN’s 1951 Refugee Convention, of which the UK is a long-standing signatory.

Meanwhile, EU Commissioner Ylva Johansson claimed she personally told Braverman that she believes her new asylum plan “violates” international law, prior to its initial announcement.

Speaking on the amendments made last week following demands from the Tory right-wing, analysis from charities Refugee Council and Barnardo reported that nearly 15,000 refugee children could be detained, separated from their families, and then deported in the first three years after the law came into effect.

When pressed on this as a possibility, a Home Office spokesperson said: “While this legislation gives the Home Secretary the power to remove an unaccompanied child under 18, the government is amending the bill to make clear that this power will only be exercised in very limited circumstances, such as for the purposes of family reunion or removing someone to their safe home country.”

They added that a further amendment “will address concerns about the detention of unaccompanied children, by making clear that an unaccompanied child can only be detained in exceptional circumstances, with specific time limits, as set out in regulations.”

Commenting on some of the recent amendments to the Illegal Migration Bill, Home Secretary Braverman said: “The British public are rightly fed up with people coming to the UK through dangerous small boat crossings, and myself and the Prime Minister are absolutely committed to stopping the boats once and for all.

“The changes I am announcing today will help secure our borders and make it easier for us to remove people by preventing them from making last minute, bogus claims, while ensuring we strengthen our safe and legal routes.

“My focus remains on ensuring this landmark piece of legislation does what it is intended to do, and we now must work to pass it through Parliament as soon as possible so we can stop the boats.”

Immigration Minister Robert Jenrick added: “These amendments will make it easier to swiftly remove individuals who come here illegally from safe countries, whilst re-affirming our commitment to help those directly from regions of conflict and instability.”

The bill is due to return to the House of Commons on Wednesday (26 April), amid continuing pressure on Sunak and Braverman to make changes that will win over both wings of the Tories.