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by Munro Research

Refugees (Family Reunion) Bill [HL]


Official Summary

A Bill to make provision for leave to enter or remain in the United Kingdom to be granted to the family members of refugees and of people granted humanitarian protection; and to provide for legal aid to be made available in such cases.

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Overview

This bill aims to make it easier for the family members of refugees and those granted humanitarian protection to join them in the UK. It mandates changes to immigration rules to allow for family reunification and ensures legal aid is available during the application process.

Description

The bill requires the Secretary of State to create and implement new rules within six months, allowing family members of refugees and those with humanitarian protection to join them in the UK. These rules must comply with international law, specifically the 1951 Refugee Convention and the European Convention on Human Rights.

Who is considered a "family member"?

The bill defines family members inclusively, encompassing parents (including adoptive), spouses/civil partners/unmarried partners, children (under 18 or under 25 if unmarried when the refugee left their home country), and siblings (under 18 or under 25 if unmarried when the refugee left their home country). The Secretary of State can also include other family members based on factors such as family unity, a child's best interests, and dependency.

Legal Aid

The bill also amends the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to ensure legal aid is available to those applying for family reunion under the new rules. This applies to England and Wales.

Government Spending

Clause 6 of the bill states that it will not impose any charge on the people or on public funds. However, the cost of implementing the new rules and providing legal aid is likely to increase government spending, though the exact figures are not specified in the provided text.

Groups Affected

  • Refugees and those granted humanitarian protection: This bill directly benefits them by making it easier for their families to join them.
  • Family members of refugees and those granted humanitarian protection: They will have a clearer path to joining their loved ones in the UK.
  • Legal aid providers: They will see an increase in demand for their services.
  • The UK government: Will need to allocate resources to implement the new rules and potentially manage an increase in asylum applications.
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