Posted on Nov 11, 2021
Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.
A report produced by the Joint Committee on Human Rights (JCHR) has highlighted concerns that the Bill will create significant barriers to granting stateless children citizenship within the UK. It also showcases the risk that the Bill poses to UK human rights obligations, arguing that the actions it will take will not adhere to the expected rights that should be protected for children.
The Bill is currently making its way through the system in Parliament, and it expected to radically alter the UK immigration system, arguably to become more brutal and cut-throat. It is proposing that new requirements be introduced for the registration of stateless children which would make it more difficult for them to obtain British nationality and citizenship.
It specifically states that when applying for citizenship, such stateless children (children with no nationality) will only be entitled to British citizenship if the Home Secretary is satisfied with the evidence that the child is unable to obtain another nationality.
These children subjected to this rule are in most cases not stateless by choice. If one is born in the UK, this does not give one the right to automatically be considered a British citizen. The children of immigrants who have not been given this status may be viewed as stateless, especially when their parents have been prevented from conferring their status onto their children by discriminatory laws around the world.
Following this discovery in the Nationality and Borders Bill, the Joint Committee for Human Rights have called for the Bill to be amended to ensure that the rights of children are emphasised and protected. They found that it is vital that citizenship is only withheld from a child if it is possible for their parents to confer their status to the child without any legal or administrative hurdles.
They also criticised the continued use of laws which state that before being granted British citizenship, children be required to demonstrate “good character”. This is highly problematic, especially in the developmental stage in which children reside, as it can be argued that the harsh treatment of migrants within this country could result in changes in their character that the Home Office could view as ‘undesirable’. This form of immigration control simply opens the door to more discrimination against migrants and their children.
Harriet Harman, the chair of the JCHR, stated that “the government must do more to ensure rights are fully protected in British nationality law, in particular recognising its obligations to stateless children which the Bill does not fully do as it stands”.
She continued to say, “the ‘good character’ test should not be applied to children and the government must also ensure that fees of not recreate barriers that it otherwise would have removed by addressing historic discrimination.”.
In discussions about the impact that the Bill poses to stateless children, Solange, Valdez-Symonds, chief executive of the Project for the Registration of Children as British Citizens (PRCBC), also had criticisms. She argued that “these citizenship rights are integral to the sense of security and identity of all children born and growing up here – and blocking these rights makes children feel profoundly excluded and alienated”.
In response, a spokesperson from the Home Office has stated “the Nationality and Borders Bill will fix the broken asylum system so that it is fair but firm… the bill fully complies with all of our domestic and international obligations, including on human rights”.
However, it is clear that this is not the case and the rights and protection of stateless children are being put at risk. It is necessary that amendments are made in the legislation during the next stage of parliamentary processing, to showcase the UK’s dedication to the protection of its children. It is also vital going forward, that the process for stateless children to acquire British citizenship is made easier and less brutal; to allow children to be children instead of worrying about the status of their nationality.
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