[ianch99]

Originally Posted by pip08456

Illegal immigrants are not classed or counted as asylum seekers.

https://www.bbc.co.uk/news/explainers-53734793

What are the current rules for claiming asylum in the UK?

Many of the migrants crossing the English Channel claim asylum once they arrive in the UK. Asylum seekers hope to receive refugee status, meaning they can stay.

They must prove they cannot return to their home country because they fear persecution due to their race, religion, nationality, political opinion, gender identity or sexual orientation.

They can include their partner and any children under 18 in the application if they are also in the UK.

Decisions are made by a caseworker. They look at things such as the country of origin of the asylum seeker, or evidence of discrimination

https://fullfact.org/immigration/can...-uk-illegally/

In reference to migrants attempting to cross the Channel to get from France to the UK, Boris Johnson said “If you come illegally, you are an illegal migrant, and I’m afraid the law will treat you as such.”

This is not correct in all cases.

Although it’s certainly true that crossing the Channel without authorisation isn’t a legal way to enter the UK, Article 31 of the UN Refugee Convention states that refugees cannot be penalised for entering the country illegally to claim asylum if they are “coming directly from a territory where their life or freedom was threatened” provided they “present themselves without delay to the authorities and show good cause for their illegal entry or presence”.

A lot depends here on how to interpret which country people are “coming directly from”. It could be argued, for instance, that as the people crossing the channel are coming directly from France—which is not the country they initially fled—they don’t have the right to claim asylum in the UK.

However, in 1999 a UK judge ruled that “some element of choice is indeed open to refugees as to where they may properly claim asylum.” The judge specified that “any merely short term stopover en route” to another country should not forfeit the individual’s right to claim refugee status elsewhere.

This means people who enter the UK by illegal means can legitimately make a claim for asylum, even after passing through other “safe” countries, provided they do so directly after arriving.