DEFENDING
DEMOCRACY IN EXILE
Policy Responses to
Transnational Repression
Migration
S
ix of the top ten origin countries of asylum seekers in the
UK— Iran, Eritrea, Syria, Sudan, Pakistan, and India—have
track records of targeting exiles abroad.25 The new Nationality
and Borders Act, which overhauls the migration system,
fundamentally restricts the right to seek asylum and leaves
refugees in an even more precarious situation. One bright spot
in protecting against transnational repression is the UK’s strong
protections against unlawful extradition.
The Nationality and Borders Act
became law in April 2022, making the
migration system even more hostile to
asylum seekers.
Anti-asylum policy
In the UK, asylum seekers are generally not allowed to work,
their accommodations are poor, and they are given a meager
stipend—as low as £6 ($7) per day.26 Without financial and
physical resources, asylum seekers may be unable to take
precautions to support their physical and digital security. They
also may be unable or unwilling to contact authorities for fear
of deportation.
The Nationality and Borders Act became law in April 2022,
making the migration system even more hostile to asylum
seekers. Changes introduced by the act include an increased
standard of proof for refugees, removal of certain stages of
appeal, increased authority to revoke British citizenship, and a
two-tier asylum system that reduces protection and support
for those who arrive in the UK by “irregular” means, potentially
assigning them criminal liability.27
Awareness about transnational
repression and relevant information is
lacking in the UK’s migration system.
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@FreedomHouse
The Nationality and Borders Act continues a trend of policies
that undermine the right to seek asylum and endeavor to keep
asylum seekers out of the UK, at the expense of their safety.
Prior to leaving the EU, the UK was able to return some asylum
seekers to other EU countries under the Dublin system, which
required refugees to seek asylum in the first “safe” country
they reached. As an island on the far side of the continent, the
UK frequently used the Dublin agreement to return asylum
seekers who reached its shores by way of mainland Europe.
Without a return agreement in place with the EU when the
UK left the bloc, the number of asylum seekers deported to
Europe plummeted from 289 in 2020 to 5 in 2021.28 Reporting
in 2017 found that the UK, along with European partners, was
engaged in a rapprochement with the Sudanese government
and was relaxing standards for deporting Sudanese asylum
seekers, despite the government’s record of atrocities.29
After European governments refused the UK’s effort to
establish a post-Brexit return agreement with the EU,30 the UK
announced a new solution in April 2022: certain asylum seekers
would be deported to Rwanda.31 The plan, which the Nationality
and Borders Act put into effect, may violate migrants’ right to
seek asylum in the country that they reach. It also disregards
Rwanda’s poor domestic record on human rights and its
status as one of the world’s most prodigious perpetrators of
transnational repression, including against UK residents.32
Preparedness within the migration system
Awareness about transnational repression and relevant
information is lacking in the UK’s migration system. The Home
Office produces “country policy and information notes,”
which are used by officials in asylum decisions. There is an
independent, external body that provides oversight of these
documents, but its power is limited in practice. The information
provided by these notes is extremely limited and often focuses
on specific issues or groups. For example, the Russia page
includes two documents, one from 2020 offering guidance on
sexual orientation and gender identity and expression, and the
other on Jehovah’s Witnesses. There is no other information
about the rights violations people in Russia experience, or the
risks they may face abroad, despite the high-profile Russian
assassination attempts in the UK. Country notes are entirely
absent for numerous perpetrators of transnational repression,
including Bahrain, Belarus, Saudi Arabia, Thailand, and others.
#TransnationalRepression