Asylum Policy: Refugee Convention

11. Whether she has received legal advice on the compatibility of recent changes to her Department’s guidance entitled “Good character: caseworker guidance”, updated on 10 February 2025, with the 1951 refugee convention.

The hon. Member will know that we take our international obligations very seriously. We are satisfied that the good character policy is compliant with those obligations. We have strengthened our policy to make it clear that anyone who enters the UK illegally, including small boat arrivals, will normally be refused British citizenship. The good character assessment has been a feature of UK immigration law since 1981 and there has never been any suggestion, either now or in the past, that it is inconsistent with our obligations under the refugee convention or any other treaty.

One of the most shocking and egregious things this Government have done is impose a blanket ban on British citizenship for all individuals who have entered the UK irregularly, without any parliamentary scrutiny or public consultation, effectively disenfranchising all asylum seekers and refugees, including those who have made this country their home for years. The Refugee Council estimates that up to 71,000 refugees who have already been granted asylum could now be blocked from securing naturalisation. The Minister knows that there are no safe routes to get to the UK, so nearly all asylum seekers have to arrive irregularly. Surely the policy clearly breaches article 31 of the 1951 refugee convention, which prohibits penalising those seeking protection for their mode of entry? [Interruption.]

Order. All Members should be respectful and mindful of their language at all times. Now we need to hear the Minister respond.

I thank the hon. Member for his question. He will know that we explained when making the changes that each citizenship application will continue to be considered on a case-by-case basis, and that the Secretary of State may choose to apply discretion to grant citizenship on an exceptional basis where there has been particularly exceptional or mitigating circumstances, such as modern slavery.