Supporting refugees and asylum seekers in Scotland

Our position on Immigration and Asylum

Aspects of the wider UK immigration and asylum system are increasingly at risk of breaching both international law and conventions on human rights. Human rights are central to social work and are embedded in the BASW Code of Ethics. The support and care of unaccompanied asylum-seeking children (UASC) is a key social work responsibility and BASW is active in campaigning for the human rights of UASC.

BASW UK has the following demands of the UK Government. 

Repeal the 2023 Illegal Migration Act: The Illegal Migration Act 2023 changed the law so that those who arrived in the UK through what the Government determines an ‘illegal route’, will be unable to stay in the UK and will be detained before deportation. The Act serves no positive purpose, is unworkable, and risks breaching domestic and international law.

Scrap the National Age Assessment Board: The Nationality and Borders Act paved the way for the creation of a National Age Assessment Board, a body made of up of social workers that sits within the Home Office. This gives the Home Office influence over the age assessment of unaccompanied asylum-seeking children and opens up the process to political interference by Governments.

Abolish ‘scientific methods’ of age assessment: The Nationality and Borders Act and the Illegal Migration Act both contain clauses that allow the Home Secretary to bring in measures for age disputed young asylum seekers to undergo MRIs and x-rays to assess their age. These are medical procedures and should not be used for age determination, especially on young people who may not be able to give consent or may feel coerced.

Time limits on asylum cases for UASC: It has long been recognised that children and young people need speedy resolution to their needs. For example, in the English care system judges are empowered to project-manage cases so that the majority of legal cases relating 10 to children are completed within a fixed timescale. Many children’s asylum cases take far too long to resolve. This drift and delay causes extreme distress for the children and young people seeking asylum and exacerbates costs for the state. Immigration Tribunal judges should be empowered to project-manage asylum cases to within a defined timescale – just like their peers in the family court system.

Review of No Recourse to Public Funds (NRPF): The legislation, policies and practices of NRPF have a profoundly negative impact on the most vulnerable in society. There should be a comprehensive independent review of the model of NRPF in relation to those who are destitute, or who face destitution, with a view to the next UK Government replacing the model with a system that is both adequately funded and resourced and is compliant with the UK’s commitments to human rights.

Support specific to people from Ukraine

Download the document for advice and guidance related to people escaping war in Ukraine.