Just a bit of Googling for context:
AI Overview
No, an asylum seeker entering the UK is not automatically a criminal
, as the right to seek asylum is a human right under international law. However, recent changes in UK law have made it a criminal offence to arrive in the UK without a valid visa, which effectively criminalises most asylum seekers' mode of entry.
Here's a breakdown of the legal situation:
- Right to Seek Asylum: Under the 1951 Refugee Convention, which the UK signed, anyone has the right to seek asylum in another country and to remain there until their claim is assessed. The Convention recognises that people fleeing persecution may have to use irregular means (e.g., without a passport or visa) to escape and should not be penalised for this, provided they present themselves to the authorities without delay and show good cause for their illegal entry.
- UK Law Changes: The Nationality and Borders Act 2022 and the Illegal Migration Act have created new criminal offences relating to how a person enters the UK. It is now an offence to arrive in the UK without the required entry clearance (a visa), and there is no specific visa for the purpose of seeking asylum from abroad. This means that most people, by the very act of arriving to claim asylum, commit a technical criminal offence.
- Prosecution: While the act of irregular arrival is technically a criminal offence, prosecutions only tend to be pursued if there are aggravating factors, such as using violence or making financial gain. Most asylum seekers are not criminally prosecuted solely for the act of arrival, but are instead processed through the administrative immigration system.
- Legal Status: An asylum seeker is someone who has an ongoing claim for refugee status that has not yet been determined. They are legally allowed to remain in the UK while their claim is being considered. If their claim is successful, they are granted refugee status and have a legal right to reside in the UK.
In summary, while seeking asylum is a legal right, the method of entry often breaches current UK immigration law, making the
act of entry a criminal offence for which a defence may be available, but it does not automatically make the person a "criminal" in a general sense.